1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 8, 2004, the Defendant entered into a lease agreement with C by setting the lease deposit amount of KRW 3 million, annual rent of KRW 3 million, and the lease term from December 8, 2004 to December 8, 2007, with respect to the land of KRW 1809 square meters (the instant land) owned by the Defendant.

B. On March 5, 2008, the Plaintiff entered into a lease agreement (the instant lease agreement) with Defendant E, the Plaintiff, setting the lease deposit for the instant land as KRW 5 million, monthly rent as KRW 400,000, and the lease period as from April 1, 2008 to March 30, 2013.

However, the defendant did not recognize the lease contract of this case because he did not have the right to represent the defendant clan.

C. On August 22, 2008, the defendant filed a lawsuit against C for a claim for the transfer of land, etc. (2008Gahap12840) with the Seoul Eastern District Court on the ground that C did not pay the rent from January 8, 2006 and did not transfer the land of this case despite the expiration of the lease term. On February 5, 2009, the settlement recommendation decision became final and conclusive that "C removes all facilities on the land of this case to the defendant by February 28, 2009, and delivers the land of this case, and pay the money calculated at the rate of KRW 7 million and KRW 3 million per annum from March 1, 2009 to the completion of the removal and delivery."

On February 19, 2009, prior to the deadline for performing the obligation under the above Reconciliation Recommendation Decision, the Plaintiff acquired facilities on the land of this case from C on February 19, 2009, and began to possess and use the land of this case and its ground facilities. On March 2009, the Plaintiff transferred KRW 7 million to the Defendant on behalf of C according to the above Reconciliation Recommendation Decision.

E. On June 28, 2010, the Defendant filed a lawsuit against the Plaintiff on the ground that the Plaintiff illegally occupied and used the instant land without the Defendant’s permission (2010Gahap8118) at the Sungnam Branch of Suwon District Court, and the Plaintiff on March 23, 2011.