손해배상(기)
1. The part of the Plaintiff’s claim against Defendant C is dismissed.
2. The Plaintiff:
A. The defendants are attached to the attached Form.
1. On August 8, 2006, the Plaintiff leased the instant building, which is an unauthorized building, and the graveyard 284 square meters (hereinafter “instant site”) of Gyeonggi-gun D, Gyeonggi-do, which is its site, to Defendant B, with the lease deposit of KRW 5,00,000, monthly rent of KRW 500,000, and the lease term of August 25, 2006 from August 24, 2006 to August 24, 2007.
(hereinafter “instant lease agreement”). The instant lease agreement was concluded as a broker by a licensed real estate agent E, and F was represented by the Plaintiff.
Defendant B paid to the Plaintiff KRW 5,00,000 in advance through Licensed Real Estate Agent E on August 7, 2006, which was the day before the conclusion of the instant lease agreement, but thereafter, the amount of the rent was overdue.
Nevertheless, the term of lease was extended to August 24, 2008 due to the implied renewal of the instant lease contract.
After Defendant B paid KRW 1,00,000 to the Plaintiff in arrears on February 5, 2008, and on February 11, 2008, Defendant B still left the lease term, without any consultation on the termination or sub-lease of the instant lease agreement with the Plaintiff and Defendant C, set the remainder of the lease term under the instant lease term as the sub-lease period, and completed the report on the move-in of resident registration by sub-leaseing the instant building and land to Seoul, and moving into Seoul.
Accordingly, Defendant C occupies and uses the instant real estate and its site from around that time.
Defendant C directly paid KRW 5,50,000 in total to the Plaintiff, including KRW 2,00,000 on February 23, 2011, KRW 25.2,000,000 on April 25, 2011, KRW 500,000 on August 13, 2001, and KRW 1,000 on July 26, 2013.
On November 11, 2013, the Plaintiff filed a lawsuit against Defendant B seeking payment of future rents calculated at the rate of KRW 33,000,000 per annum 33,000,000 per month, and KRW 50,000 per month, which occurred until the delivery of the instant land and October 24, 2013, under the jurisdiction of Suwon District Court 2013Kadan15326, which was located after Defendant B was not in contact with each other.
(hereinafter referred to as “pre-trial case”).