임차보증금등반환
1. Revocation of a judgment of the first instance;
2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
3. An objection to the trial.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure
2. Judgment on the plaintiff's main claim
A. The plaintiff's assertion that the defendant acquired the ownership of the real estate of this case and delivered only 246 square meters out of the first floor of this case to the plaintiff, who is the lessee, but did not implement the lease contract of this case. As such, the plaintiff was notified of the cancellation of the lease contract of February 13, 2006 by releasing possession of the above 246 square meters from January 13, 2006. Therefore, the lease contract of this case was retroactively cancelled or terminated as of March 19, 2006.
Since then, the plaintiff notified the defendant that he would re-use the above 246 square meters, he occupied the above 246 square meters from November 1, 2006 to July 22, 2009, and occupied only 76 square meters from July 23, 2009 to March 15, 2010, and is currently handed over to the defendant.
Therefore, the defendant is obligated to pay to the plaintiff KRW 450,00,00 (=650,000,000 - 200,000 - 200,000) plus KRW 540,00,000 (=250,000,000) for the plaintiff's rent paid to the defendant = 250,00,000 (250,000,000) for 636,00 to 136,00,00 (26,00,000,000 for 50,00,000,00 for 636,00,000,000 for 5,00,000 or more for 6,000,000 or more for 6,036,000 or more for 6,000 or more for 6,036,00 or more for 6,003).
B. The instant case.