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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. The reasoning for the court’s explanation on this part of the facts of recognition is as follows: (a) “2016-Ma995”, which is to be first multiplied by the second below of the judgment of the first instance, is the same as the part of the basic facts in the reasoning of the judgment of the first instance, except for dismissal, and thus, (b) this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. On April 29, 2016, the Plaintiff and the Deceased entered into the instant lease agreement, and around April 29, 2016, the monthly rent is KRW 600,000,000, and the lease period is one year. The instant lease agreement was concluded on March 19, 2017, by which the Plaintiff was handed over the instant officetel from the Defendant, the deceased’s heir.
Therefore, the Defendant is obligated to pay the Plaintiff the sum of the unpaid rent, management fee, and electricity fee from April 29, 2016 to March 19, 2017 within the scope of inheritance from the deceased.
3. Determination
A. The Plaintiff alleged that the monthly rent was KRW 600,000,000 at the time of the conclusion of the instant lease agreement. However, it is insufficient to recognize that the entries in the evidence Nos. 3 and 5 alone set the monthly rent at KRW 600,000 at the time of the conclusion of the instant lease agreement, and there is no other evidence to acknowledge otherwise.
In light of the following circumstances, the Plaintiff received KRW 400,00 from the Deceased’s monthly rent from May 2016 to July 2016, and ② there was no contact to the Deceased to the effect that the Plaintiff would make a monthly rent to the Deceased, and rather, the Plaintiff sent H message to the Deceased to the effect that the Plaintiff was paid a rent of KRW 400,000 after receiving KRW 400,000 from the Deceased. In light of the above, the instant lease agreement appears to have caused KRW 400,00,000,000 from May 2, 2016 to July 2016.
B. Determination 1 on the term of lease, etc. is premised on the arrival of the expiration date of the term of lease after March 19, 2017, where the instant officetel was delivered by the Defendant.