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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that has been engaged in machinery manufacturing, wholesale and retail business, machinery design and installation business at a plant located in the Ssung City.
B. The Defendant is an individual entrepreneur engaged in mechanical manufacturing business with the trade name of “D.”
C. The Plaintiff owned the instant Fdong, Gdong, and Hdong Factory Building (hereinafter “instant Fdong, Gdong, and Hdong Factory Building”) on the land of the C, E (hereinafter “instant factory site”) and the Fdong, Gdong, and Hdong factory building (hereinafter “instant factory building”). On May 25, 2016, the Plaintiff rendered a decision to voluntarily commence the auction of each of the instant real estate as Suwon District Court I (hereinafter “instant auction case”), and on April 27, 2018, the ownership was transferred to J Co., Ltd. on the ground of sale due to voluntary auction on the same day.
The lease contract between the Plaintiff and the Defendant was concluded on February 25, 2016 between the Plaintiff and the Defendant that the Plaintiff would lease the building and office of the instant G-dong factory in the form of KRW 20 million, KRW 2 million per month (the last day of March 2016) and KRW 2 million per month (the last day of March 2016), and the term of lease from March 1, 2016 to February 28, 2018 (hereinafter “the lease of this case”).
Of the lease deposit, KRW 5 million is paid and received at the time of the contract, the intermediate payment of KRW 15 million is paid in March 1, 2016.
E. On March 2016, the Defendant leased and operated “D” at L and land and its ground buildings. Around March 2016, the Defendant moved the place of business to the Hdong Factory Building, and changed the location of the place of business on April 27, 2016 under the business registration certificate of “D” to Ma in Sung-si where each factory building of this case is located.
Since then, the defendant moved the place of business of 'D' to the Gdong factory building of this case and occupied and used the Gdong factory building of this case, and moved out from the Gdong factory building of this case around June 15, 2018.
[Ground of recognition] dispute.