1. 별지 목록 기재 건물의 1층 163.44㎡ 중 별지 도면 표시 ㉮, ㉯, ㉳, ㉴, ㉮의 각 점을 순차로...

1. Around October 2012, the Plaintiff drafted a lease agreement under this Agreement (hereinafter “instant first lease agreement”) with C (the Intervenor’s supplementary intervenor, hereinafter “C”), D, E, and F on the condition that the “1st floor area of approximately 76 square meters and approximately 90 square meters for two floors” among the buildings listed in the separate sheet (hereinafter “instant building”) were the subject matter and leased to the “1.5 million won for the rent of KRW 1.5 million.”

On January 1, 2013, the Plaintiff entered into a contract with C and D by excluding the second floor from the subject matter of the said lease agreement, and entered “part of the first floor” and “76 square meters” into a lease agreement with the Plaintiff as the leased object and entered it as “7,50,000 won at the time of market redevelopment” (hereinafter “instant secondary lease agreement”).

원고는 2015. 9.경 당시 점유하고 있던 이 사건 건물의 1층 중 별지 도면 표시 ㉮, ㉯, ㉳, ㉴, ㉮의 각 점을 순차로 연결한 선내 부분 10㎡(이하 ‘이 사건 분쟁대상 부분’이라 한다)를 C의 배우자이자 실질적인 임대인이었던 G(피고 보조참가인의 소송대리인, 이하 ‘G’이라 한다)에게 인도하였다.

On August 25, 2016, the Defendant completed the registration of transfer of ownership on August 8, 2016, with respect to shares (1/2) and shares (94/20.43) owned by C with respect to the instant building at the time of the instant secondary lease agreement.

On April 10, 2007, the Plaintiff’s spouse I registered the instant building with the trade name “J” as the location of the place of business.

[Ground for Recognition: Facts without dispute, Gap evidence 2-1, Gap evidence 4, Eul evidence 4 and 5, the purport of the whole pleadings]

2. The parties' arguments and issues

A. The lease object of the second lease agreement of the Plaintiff’s assertion is attached to the first floor of the instant building.