A. On April 27, 2013, the Plaintiff leased the lease deposit amount of KRW 100,500,000 (including value-added tax), monthly rent of KRW 100,000,000,000, and two years for the lease term of KRW 100,000,000,000 for the four-story building (J; hereinafter “instant real estate”) on the first floor located in Yongsan-gu, Yongsan-gu (hereinafter “instant real estate”). The lease contract has been implicitly renewed after the said lease term expires.

B. On December 24, 2016, H succeeded to H’s property by Defendant C, D, E, F, and G, the spouse of Defendant B, and children.

The statutory share of the defendant B is 3/13, and the share of the defendant C, D, E, F, and G is 2/13, respectively.

C. Upon the commencement of voluntary auction on the instant real estate on July 18, 2017, the Plaintiff requested the Defendants to refrain from winning the instant real estate, but the auction was conducted due to the occurrence of a dispute over inherited property between the Defendants, and eventually, M Co., Ltd completed the registration of ownership transfer by winning the instant real estate at a successful bid on August 30, 2018.

The Plaintiff entered into a lease contract with M Co., Ltd., a new owner, KRW 100 million, monthly rent of KRW 7.7 million (including value-added tax), and continues to operate the business at the present store of this case.

E. The Plaintiff did not pay the Defendants a monthly rent of KRW 77 million and parking fee of KRW 14 million.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-3, Gap evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and determination (1) The Defendants are obliged to pay the remainder of KRW 18 million after deducting the overdue rent of KRW 77 million from KRW 100 million and KRW 5 million from KRW 5 million from KRW 100 million for five months.

The fact that the plaintiff did not pay the parking fee for 14 months is recognized, but the parking lot management of the real estate of this case is also managed as the auction procedure commences.