건물인도등
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. On October 1, 2013, the Plaintiff asserted that the Plaintiff entered into a lease agreement with the Defendant and the Codefendant A, Ltd., a lessee, setting the lease period of KRW 10 million by October 1, 2015, and KRW 1430,000,000,000,000,000,000 for monthly rent, on or after October 1, 2013, the said lease agreement was terminated on or after October 30, 2014, because the Defendant and the Co., Ltd. did not pay rent and management expenses after January 1, 2014.
Therefore, the Defendant, a lessee of the above lease agreement, is obligated to pay to the Plaintiff the amount calculated by applying the rate of KRW 16,684,560 for the rent and management fee in arrears until June 30, 2014 (the management fee of KRW 12,870,000 for the rent of KRW 3,814,560 for the rent of KRW 12,870,000 for the rent of KRW 3,814,560 for the rent of KRW 2,605,760 for each month from July 1, 2014 to the completion date of delivery of the instant real estate as unjust enrichment or damages.
B. It is not sufficient to acknowledge that the Plaintiff leased the instant real estate to the Defendant and A as the lessee, as alleged by the Plaintiff, solely on the basis of the statement of the evidence Nos. 1 through 10 (including the number of branch numbers), and there is no other evidence to acknowledge otherwise.
Rather, in full view of the purport of the argument in the statement No. 1, the Plaintiff, around October 22, 2009, leased the instant real estate in KRW 10 million to the Defendant and KRW 1,300,000,000 per month, and the said lease was renewed. On October 5, 2013, the Plaintiff and the Plaintiff and the Plaintiff Co., Ltd. entered into a contract with the lessee of the instant real estate as the Plaintiff, a corporation around October 1, 2015, under which the lessee of the instant real estate was the Plaintiff and the Plaintiff entered into a contract with KRW 1,00,000,000,000,000,000, which was paid by the Defendant to the Plaintiff as the lease deposit of the Plaintiff, and the Defendant acknowledged the succession of the deposit to the lease contract as of October 5, 2013.