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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount:
Reasons
1. Facts of recognition;
A. 1) The Defendant entered into a lease contract with C and D Co., Ltd. on August 2, 2007 (hereinafter “D”).
(ii)with respect to G Building Nos. 204 to 207 in Changwon-si E and F (hereinafter referred to as the “instant store”).
(1) The term of the lease contract under the condition that the lease deposit shall be KRW 100,000,000, monthly rent of KRW 5,000,000, and the term of the lease shall be set from October 15, 2007 to 24 months (hereinafter referred to as the “instant lease contract”).
(2) On November 7, 2007, the Defendant paid the full amount of KRW 100,000,000 for the lease deposit to C, and thereafter, remitted KRW 5,000,000 for the lease deposit to the account under the name of J as designated by I by the representative director of D, who is the children of C.
B. The instant store’s ownership change 1) G building including the instant store (hereinafter “instant commercial building”).
The Plaintiff was originally owned by the Plaintiff, H, and C. Among them, the Plaintiff’s shares were 65/267, 50/267, and 152/267, and C’s shares were 152/267. (2) On October 5, 2007, the Plaintiff and H transferred all their respective shares in the instant commercial building to D. On the same day, C and D concluded a real estate disposal trust agreement (hereinafter “the instant trust agreement”) with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) with respect to the instant commercial building, the beneficiary transferred the ownership of the instant commercial building to the Korea Land Trust, and the Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities Co., Ltd.”).
C. Around January 17, 2008, the Plaintiff’s letter of undertaking and payment of rent 1) The Plaintiff requested the Defendant to pay to the Plaintiff that C and D, a lessor of the instant store, would be the rent of the instant store (Evidence A2, hereinafter the instant letter of undertaking).
B. The Plaintiff is the tea of the instant store while presenting it to the Defendant.