손해배상 및 위로금
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim corresponding to the above revocation part.
1. Facts of recognition;
A. During Ansan-si, the Plaintiff completed the registration of ownership transfer under the receipt of No. 61752 of Jun. 13, 2003 with respect to D apartment E (hereinafter “instant apartment”) outside of the Gu, Suwon-gu, Seoul, and one parcel of land (hereinafter “instant apartment”).
B. On June 2003, the Plaintiff leased the instant apartment to F, and F operated the childcare center under the name of “G childcare center” in the instant apartment.
C. On November 1, 2005, the Defendant entered into a lease agreement with the Plaintiff to lease the instant apartment at KRW 3.6 million from November 19, 2005, the lease period from November 19, 2005 to November 18, 2007, and to lease KRW 600,000 per month from rent (hereinafter “all the lease agreements entered into between the Plaintiff and the Defendant including the contract for which the first contract has been renewed,” and began to operate the “family childcare center” under Article 10 subparag. 5 of the Infant Care Act as the name of the “H childcare center” in the instant apartment.
The Plaintiff and the Defendant renewed the instant lease contract (or re-contract) for every two years thereafter, and entered into the lease agreement with the Plaintiff as KRW 5.5 million on November 17, 2015, and from November 17, 2015 to November 16, 2017, by setting the lease agreement as KRW 1 million on a monthly rent, from November 17, 2015, and from November 16, 2017. Article 5 of the said lease agreement provides that “if the lease agreement is terminated, the lessee shall recover the said real estate to the lessor and return it to the lessor. In such a case, the lessor shall return the deposit to the lessee, and if overdue rent or damages are incurred, the lessor shall remove the deposit and refund the balance (hereinafter “instant restitution-related provisions”).
E. The above D.
After the expiration of the lease contract term under this case, the lease contract of this case was implicitly renewed, and on December 3, 2017, the Plaintiff is KRW 30,000 and monthly rent to the Defendant.