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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff purchased from D the Dong-gu Busan Metropolitan City roads C 20 square meters (hereinafter “instant land”) and the Busan Dong-gu E site and ground buildings adjacent thereto, and completed the registration of ownership transfer on August 16, 2010.
B. Meanwhile, F owned the instant land and G land and ground buildings adjacent to the instant building site and the instant building site; however, the Plaintiff was under construction and use of the instant building in connection with the instant building on the ground, and the Plaintiff filed a lawsuit seeking removal of the instant building and delivery of land at this court on May 13, 2011 (No. 201.2597). The content of the lawsuit was that “F removed the instant building by October 31, 2013 and transferred the instant land to the Plaintiff, but the Plaintiff shall pay rent of 120,000 won at the last day of each month at the end of each month.”
C. On July 1, 201, the Defendant purchased G site and ground buildings from F and completed the registration of ownership transfer on July 1, 201. On August 9, 201, the Defendant entered into a lease agreement with H to the effect that “The object of lease is the entire first floor of the building, 71.78 square meters, the contract period until September 24, 2014, the deposit amount of KRW 35 million, and the monthly rent of KRW 2 million.”
On the other hand, H transferred the right of lease on September 19, 201 to I, and the content is that “The right of lease, which is up to October 17, 201, is transferred to 162 million won in total for the premium,” which is “the lease deposit of KRW 35 million, monthly rent of KRW 2 million, the contract period of the lease of KRW 2 million, and the lease of KRW 17, 2013.”
In addition, the proviso states that "I shall pay 120,000 won per month to the plaintiff as user fees until October 31, 2013, and the fine for negligence on business shall be borne by I and the owner shall enter into a lease contract."
E. On October 17, 2011, the Defendant entered into a lease agreement with I and G sites and the building on September 24, 201, with a deposit of KRW 35 million, monthly rent of KRW 200,000, and the lease period of KRW 200,000,000.
F. The defendant thereafter.