1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 15, 2015, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) from C (hereinafter “instant sales contract”) for the purchase price of KRW 38,750,000 ( October 15, 2015).

B. At the time of the above sales contract, the seller stipulated that “The seller shall enter into a contract on the condition that the present lender will produce it to the present lender.”

C. Around August 17, 2007, the Defendant leased and operated the instant building at KRW 2,000,000, monthly rent of KRW 200,000.

C argued that the Defendant was the monthly rent of 32 months, and that the Defendant did not pay the monthly rent of 32 months. On October 19, 2015 and December 7, 2015, the Defendant notified the Defendant of the payment of the monthly rent of the monthly rent and the scheduled legal measure.

E. The instant building is unregistered and unauthorized buildings.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. At the time when the Plaintiff asserted that the building of this case was purchased from C, the Defendant did not delay the monthly rent of KRW 6,255,000 against C.

The Plaintiff purchased the instant building from C, succeeded to the lessor’s status, and notified the Defendant of the termination of the lease.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay to the Plaintiff the amount equivalent to KRW 1,800,000 from October 15, 2015 that the Plaintiff succeeded to the lessor’s status.

B. Determination 1) First of all, even if C notified the Defendant of the termination of the lease agreement, barring special circumstances, such as that the Plaintiff succeeded to the lessor’s status as to the instant building from C, it is difficult to deem that the Defendant is obligated to deliver the instant building to the Plaintiff.

In addition, as long as the plaintiff did not succeed to the status of the lessor, it is even if the plaintiff notified the defendant of the termination of the lease.