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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) newly constructed a building E of the size of 6th and 5th underground floor on Gyeyang-gu Incheon Metropolitan City D (hereinafter “instant building”) around 1994, and completed registration of ownership preservation in the name of C by registering the instant building as an aggregate building in the building ledger.
B. On April 19, 193, the Plaintiff entered into a sales contract with C to purchase the sixth floor F of the E building located in Gyeyang-gu Incheon (hereinafter “instant store”) in KRW 67,100,000, and completed the registration of ownership transfer on September 17, 1994. The instant store was registered as part of the sixth floor of the instant building as sectional ownership.
C. Since the time of registration of ownership preservation and registration of ownership transfer concerning the building of this case, each store located within the building of this case has not been installed with walls, partitions, etc., but only can each store be divided into drawings, and the building of this case has been used as one floor for revitalization of commercial buildings by lease, use, etc. (However, in the case of the first floor, part of each floor is partitioned) by the City/Do for the purpose of revitalization of commercial buildings.
Since 200, in the case of the 6th floor of the instant building where the instant store was located, C entrusted the management of the instant building to a building management company. From around December 2000, G had a business registration with the trade name of “H” and suspended soup, and thereafter, I had established the Defendant on December 16, 2010 when I sublet the instant building with the trade name of “J” around January 201, and thereafter, on November 17, 2015 (hereinafter “K”) established a management lease agreement with K Co., Ltd. (hereinafter “K”) on the 6th floor of the instant building and continuously subleted the 6th floor of the instant building.
[Ground of recognition] There is no dispute.