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1. The Defendant received KRW 80,000,000 from the Plaintiff at the same time, and simultaneously received the payment from the Plaintiff:
(a) Description of the attached real estate;
Reasons
1. The facts subsequent to the facts of recognition may be recognized by combining the whole purport of the pleadings in each entry described in Gap evidence 1 to 5, 7 to 9, 6-1 and 2.
원고는 2014. 9. 25. 피고와 별지 부동산의 표시 기재 건물 중 같은 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차로 연결한 선내 ㈎부분 16.5㎡(이하 ‘이 사건 건물’이라 한다)에 관하여 전대차보증금을 80,000,000원, 월세를 4,500,000원, 전대차기간을 인도일부터 24개월로 각 정하여 전대차계약을 체결하였다.
B. On the same day, the Defendant occupied and used the instant building by being handed over from the Plaintiff.
C. On March 25, 2016, the Plaintiff notified the Defendant of the refusal to renew the said sub-lease contract.
2. Determination
A. According to the above facts, the said sub-lease contract between the Plaintiff and the Defendant terminated on September 24, 2016, barring any special circumstance, the Defendant is obligated to receive KRW 80,000,000 from the Plaintiff as the Plaintiff seeks, and deliver the instant building to the Plaintiff at the same time, and pay the amount equivalent to the monthly rent calculated in the ratio of KRW 4,50,000 from September 25, 2016 to the completion date of delivery of the instant building from September 25, 2016 to the completion date of delivery of the instant building.
B. As to this, the Defendant asserts that “The instant building shall be delivered until September 25, 2016, and its duration shall be 24 months from the delivery date,” in the sub-lease contract (Evidence A No. 4) between the Plaintiff and the Defendant, the Defendant asserts that the term of the said sub-lease contract is September 24, 2018, which was from September 25, 2016 to September 24, 2018, but as recognized earlier, the Defendant was handed over the instant building on September 25, 2014; the term of the said sub-lease contract is stated in the said sub-lease contract as 24 months from the delivery date; however, it cannot be deemed that the delivery date was written on September 25, 2016 with some intent to determine the term as 48 months, and as such, the said sub-lease contract is written as the above.