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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from February 8, 2019 to February 18, 2019, and the following.
Reasons
1. Facts recognized;
A. The defendant is the owner of the apartment C apartment unit D in Kimhae-si (hereinafter "the apartment of this case").
B. On December 15, 2014, the Plaintiff entered into a lease contract with the Defendant for the instant apartment as KRW 300 million; the term of lease for two years from January 15, 2015 to January 14, 2017 (hereinafter “instant lease contract”); and the Defendant entered into a contract with the Defendant as the down payment, with the amount of KRW 1 million on December 9, 2014 and KRW 30 million on December 16, 2014 and KRW 5 million on December 16, 2014, and resided in the instant apartment after delivery from the Defendant around that time.
C. On January 11, 2017, the Plaintiff increased the lease deposit from KRW 300 million to KRW 330 million, and renewed the instant lease contract for two years from January 15, 2017 to January 14, 2019. On January 14, 2017, the Plaintiff paid KRW 30 million increased to the Defendant.
The Plaintiff’s spouse E has no intention to renew the instant lease contract on behalf of the Defendant over several occasions, including September 5, 2018 and October 9, 2018, and November 2, 2018, on behalf of the Defendant, on behalf of the Defendant, and on behalf of the Defendant, the Defendant’s mother who manages all matters, such as the instant apartment lease contract, etc., and notified F of the refund of the lease deposit on January 14, 2019, which is the expiration date of the lease term. However, the Defendant did not refund the lease deposit on account of failure to seek a new lessee.
E. On January 25, 2019, the Plaintiff received a decision on the house lease registration order as to the apartment of this case from the Changwon District Court, Kim Jong-si, 2019Kao1003, and completed the registration of the house lease at around that time. On February 7, 2019, the Plaintiff was a director in the apartment of this case, and notified the Defendant of the fact of the director and the present door password of the apartment of this case.
[Ground for recognition of facts] without dispute, and with Gap evidence Nos. 1 through 10.