beta
Text
1. The defendant
(a) an indication of the attached drawings among the first basements of the real estate listed in the attached list; (b), (c), (d), (e);
Reasons
1. Basic facts
A. A. On May 2003, the Plaintiff entered into a lease agreement with, among the real estate underground floors listed in the separate sheet, that are owned by the Plaintiff, the lease deposit amounting to KRW 20 million, monthly rent of KRW 50,000 and KRW 500,000,000,000 among the lease deposit amount for the part of heading 131 (21.22 square meters) (hereinafter “instant store”) on the part of the real estate underground floor connected each point of the real estate as indicated in the separate sheet, which is owned by the Plaintiff. After that agreement between the Plaintiff and Green Distribution, the Plaintiff increased the rent of KRW 550,00 from September 2010 to May 10, 2013, and concluded a lease agreement again with the Plaintiff as to the lease deposit amount from May 10, 2013 to May 5, 2013 (hereinafter “the lease agreement”).
B. The Plaintiff did not pay the Plaintiff the monthly rent of at least three months. As the Plaintiff filed a lawsuit against the distribution of Seodaemun, seeking the delivery of the building, the unpaid rent, and unjust enrichment equivalent to the rent (16Gadan5007732), and expressed the Plaintiff’s intent to terminate the instant lease agreement on the ground of a rent of at least three consecutive terms for the distribution of Seodaemun, and the said declaration of intent was served on the distribution of Seodaemun on January 26, 2016 through a duplicate of the written complaint.
C. Meanwhile, without the Plaintiff’s consent, the distribution of Seodaemun transferred the instant store to the Defendant without the Defendant, and the Defendant began to possess the instant store from February 13, 2016, and on May 10, 2016, the Defendant transferred the instant store amounting to KRW 2,70,000,000 (= KRW 6,90,000,000,000,000) to the Plaintiff’s account for three months of the instant store (=3 months of monthly rent).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts, the instant lease agreement entered into between the Plaintiff and Green Distribution with respect to the instant store is legitimate on January 26, 2016 on the ground of the rent for Green Distribution.