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The judgment of the first instance, including the claims modified by this Court, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On June 15, 2017, C determined and leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant as KRW 50,000,000, monthly rent of KRW 800,000 (after June 15, 201), and the period from June 15, 2017 to June 15, 2019 (24 months).
(hereinafter referred to as “the instant lease agreement”). (b)
Since the Defendant paid KRW 50,000,000 as the lease deposit under the instant lease agreement, and completed the resident registration in the instant apartment after being handed over the instant apartment, the Defendant has maintained and resided in the instant apartment.
C. On April 12, 2018, the Plaintiff (Appointed Party) and the Appointor (hereinafter “Plaintiffs”) purchased the instant apartment from C on April 12, 2018, and completed each registration of ownership transfer between the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointor with respect to each of the instant apartment on the same day.
On February 16, 2019, the Plaintiffs sent a text message to the Defendant that “the Defendant will live until the maturity” upon receiving a request from the Defendant to contact how to conclude the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant lease contract was terminated, but the lease deposit was KRW 50,00,00 from KRW 50,00 to KRW 2,10,00,000 for the following floor repair costs of KRW 572,00 for replacement of boiler, and KRW 6,720,780 for the unpaid management expenses and late payment charges from January 2019 to July 2020, and KRW 3,200,000 for late payment until June 15, 2019, and KRW 9,00,000 for the rent that was incurred from June 16, 2019 to April 15, 2020, and KRW 00 for the unjust enrichment of KRW 9,00,00 for the rent that was incurred from April 16, 200 to April 16, 2020 for the Defendant’s apartment delivery or for the amount of KRW 90,000 for the following month.