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1. The part concerning a claim for money in the judgment of the first instance (the main paragraph (b)) shall be revoked, and it falls under the revoked part;
Reasons
1. The scope of this court’s adjudication was wholly accepted by the Plaintiff seeking the delivery of real estate and the payment of money in the first instance court. Since the Defendant filed an appeal only for the portion of monetary claim, the subject matter of this court’s adjudication is limited to the above portion of monetary claim.
2. Facts of recognition;
A. On April 23, 2010, the Defendant entered into a lease agreement with C, D, E, F, G (hereinafter “C, etc.”) on the attached list (hereinafter “instant building”) and real estate listed in the attached list (hereinafter “the attached list”) as co-owners, determined on April 23, 201 as follows: (a) the lease deposit amount of KRW 2.5 million with respect to the portion (a) of 36.3 square meters in the ship (hereinafter “instant store”) connected each point in sequence 1,22,3, 4, 5, and 18.3 square meters in the order of priority among the real estate listed in the attached list (hereinafter “instant building”); (b) the lease deposit amount of KRW 164,800,000 in the monthly rent and KRW 164,80 in the management fee, value-added tax (excluding value-added tax), and (c) from April 29, 2010 to April 30, 2011.
Around that time, the Defendant paid the lease deposit to C, etc. and received the delivery of the instant store, and operated the real estate brokerage office at the instant store without distinguishing the above lease contract renewal (hereinafter “instant lease contract”).
B. The Plaintiff, who acquired the ownership of the instant building, was awarded a successful bid of the instant building through the auction procedure for partition of co-owned property, and completed the registration of ownership transfer as to the said building on July 30, 2014.
C. Since the Plaintiff acquired ownership of the instant building, the Defendant did not pay rent, etc. and the Plaintiff’s notification of overdue rent, etc., and the Plaintiff notified the Defendant of the termination of the instant lease agreement on November 7, 2014 on the ground that the Plaintiff did not pay rent for more than three years.
From August 1, 2014 to March 31, 2015, the rent, management fee, and rent in arrears for eight months from March 31, 2015.