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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 2,657,670 as well as to the plaintiff on June 9, 2018.
Reasons
1. Basic facts
A. C is the person who was the owner of the E Apartment F on the ground of land outside Seoul D and one other (hereinafter “instant apartment”), and the Defendant is C’s son and G are the wife of C.
B. On November 14, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C by setting the lease deposit amount of KRW 470 million with respect to the instant apartment and the term of lease from December 27, 2013 to December 26, 2015.
C. C died on November 16, 2014, and the Defendant acquired ownership of the instant apartment according to the agreement on division of inherited property and succeeded to the lessor’s status under the instant lease agreement.
The Defendant demanded the Plaintiff to pay the rent instead of raising the lease deposit at the time of the termination of the instant lease agreement. Accordingly, the Plaintiff and the Defendant renewed the lease term of the instant lease from December 26, 2015 to December 31, 2017, and the Plaintiff paid the monthly rent of 320,000 won to the Defendant, and the said rent was paid by the method of deducting the lease deposit from the lease deposit.
E. On October 17, 2017, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with G, the Defendant’s agent, as follows:
Things Area: The apartment of this case
1. From 26 December 2015 to 31 December 2017, the lessee of the location will pay 320,000 won of monthly rent and 7.680,000 won of monthly rent to the lessor.
Provided, That the full amount of rents shall be deducted when the lessor pays the deposit for the lease to the lessee.
2. If the lessor is unable to seek a new lessee to the above area prior to the expiration date of the contract, the lessee shall not pay monthly rents from January 1, 2018.
3. Where a new lease contract for the area of a thing is concluded, the lessor shall pay ten percent of the deposit for the lease on a deposit basis and forty thousand won to the lessee on the date of the contract;
F. On February 28, 2018, the Plaintiff delivered the instant apartment to the Defendant.