월임료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 24, 1997, the Plaintiff leased part of the first floor among the buildings located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul (hereinafter “instant building”) owned by the Defendant (hereinafter “instant building”) with a deposit of KRW 13 million, monthly rent of KRW 750,000,000, and the period of two years.
After that, the plaintiff and the defendant have continued to renew the lease contract by increasing the rent from July 2002 to July 800, from July 2010 to July 1, 201, from January 1, 201 to January 1, 201.
On February 21, 2017, the ownership was transferred to the Housing Redevelopment Improvement Project Association (hereinafter referred to as the "In-house redevelopment Project Association") of the instant building after the consultation on the public site was made.
【In the absence of any dispute, entry in Gap evidence 1 and 2, and the purport of the whole pleadings】
2. The parties' assertion
A. The Plaintiff asserts that the Defendant did not pay the monthly rent to the Plaintiff with respect to the instant building, and that the sum of the overdue rent by February 21, 2017, when the Plaintiff lost its ownership, was KRW 14.7 million, and thus, the Plaintiff is obligated to pay the said rent.
① The rent of KRW 1.6 million for the unpaid month in 2006 (the two-month rent) ② The unpaid monthly rent of KRW 3.2 million for the unpaid month in 2007 (the unpaid monthly rent of KRW 3.2 million for the four-month period) ③ the deposit in excess of KRW 1.6 million for the year 2.2 million for the unpaid month in 2010 (the unpaid monthly rent of KRW 2.2 million for the two-month period) ⑤ the unpaid monthly rent of KRW 9.3 million from January 2016 to February 2017 (the amount obtained by subtracting KRW 1.4 million for the 13-month period from January 2016 to February 2017)
B. As to this, the Defendant paid the monthly rent by June 2016. Since the rent after July 2016 agreed to deduct the deposit from the deposit and settle the account with the non-party association, the new owner, the Defendant did not have any monthly rent payable to the Plaintiff, and even if it is the unpaid rent, the three-year extinctive prescription has expired.
3. Determination
A. According to the purport of Gap evidence No. 3 and all pleadings, the defendant on February 15, 2017.