건물명도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court’s explanation concerning this case is as follows: (a) the court shall revise “eight-month portion” of the first instance judgment No. 5 as “13 months portion”; and (b) other than adding the judgment of the first instance court as referred to in paragraph (2) below, it is identical to the part of the first instance judgment’s reasoning; and (c) thus, it shall be cited pursuant to the main sentence of Article 420 of the
2. On May 2, 2016, the Defendant: (a) leased the instant store from the Plaintiff; and (b) sub-leased 33 square meters of the said store to E with a deposit of KRW 15 million and KRW 400,000,000 per month; (c) on November 2, 2016, E paid a monthly rent of KRW 40,000 per month from December 2016 to the Plaintiff; (d) accordingly, the Plaintiff’s monthly rent paid from E ought to be deducted from the Defendant’s overdue rent; (e) however, there is no evidence to acknowledge that the Plaintiff received the said rent from the sub-lessee from December 2016 to the sub-lessee, and therefore, the Defendant’s aforementioned assertion is without merit.
3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.