beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 31, 2002, Hyundai Mym Bank Co., Ltd. (hereinafter “former Mym Bank Co., Ltd.”) changed the classification into a gas station site in Sacheon-si, into a gas station site on August 22, 2003. On January 24, 2011, the scope of the land was divided into 729 square meters for A gas station site, 36 square meters for B gas station site, 260 square meters for C gas station site; hereinafter “instant land”); the period of existence of transmission line on the instant land from the date of conclusion of the contract; and the lease deposit was not made with the Defendant, and the Defendant concluded a lease agreement with Hyundai My Bank for a period of 18,918,265 square meters, which is a rent for the term of existence, but does not increase the term of each of the instant land (hereinafter “the lease agreement”).
B. The Defendant paid KRW 18,918,265 as the rent pursuant to the instant lease agreement to Hyundai Myo Bank, and completed the registration of establishment of the right of lease in the name of the Defendant, which is identical to the instant lease agreement, as the receipt on June 5, 2002 by the Changwon District Court Private District Court Decision 13082, which received on June 5, 2002.
C. On March 8, 2012, Hyundai Lao Bank newly constructed a building of 11.56 square meters of 11.56 square meters of the 2nd floor of steel concrete structure slab roof (gas station) and 41.3 square meters of 2nd floor on the instant land (hereinafter “instant building”). On March 8, 2012, the Changwon District Court, Seocheon District Court, 5804 received on March 8, 2012, registered the ownership of the instant building in the name of Hyundai Lao Bank.
On March 19, 2013, the Plaintiff entered into a contract to acquire the lessor’s status of the instant lease agreement with Hyundai Myk Bank. On March 28, 2013, the Plaintiff acquired the instant land and the instant building from Hyundai Myk Bank, and thereafter registered the transfer of ownership in the name of the Plaintiff on the ground of sale under the receipt by the Changcheon District Court No. 8228, Apr. 4, 2013 as to the instant land and the instant building.