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1. Defendant B Co., Ltd.:
(a) KRW 166,878,360 and its related thereto from October 10, 2015 to November 16, 2015
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the instant real estate, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company established for the purpose of manufacturing dead salt, etc., and Defendant C is the representative director of Defendant B.
B. On January 1, 2012, the Plaintiff entered into the instant lease agreement with Defendant B and Chungcheongnambuk-gun, with the exception of the instant building and the independent warehouse 498.26m2 and one Dong with the said neighborhood living facilities, as to the lease deposit amounting to KRW 30,000,00, monthly renting KRW 30,000, KRW 300,000, KRW 300,000, KRW 300,000, and KRW 121.63m2 (the instant lease agreement was renewed until December 30, 2013) (hereinafter referred to as the “instant building”). The instant lease agreement was renewed on the condition that the lease agreement was renewed by 30,00,000, KRW 3,000, KRW 300,000, KRW 200, and KRW 25,000, respectively.
C. When Defendant B occupied and used the instant building in accordance with the instant lease agreement, a fire presumed to have been caused by an excessive heat from the litigation road used to manufacture dead salt on October 10, 2015 (hereinafter “instant fire”). Accordingly, the instant building was destroyed.
The instant real estate was scheduled to be sold to Masan-gun following the expansion and collective project of the military maintenance of Magsan-gun. However, the appraised value of the instant building that was destroyed by the instant fire was KRW 166,878,360 as of June 4, 2015, based on the appraisal conducted to determine the purchase price.
E. Although Defendant B did not pay to the Plaintiff the monthly rent under the instant lease agreement from August 2015, Defendant B possessed the entire instant real estate up to the present day.
[Ground of recognition] Unsatisfy, Gap evidence 2-1, Gap evidence 3, and Gap evidence 5-1.