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1. The judgment of the court of first instance is modified as follows.
The defendant shall have the first floor of the building indicated in the attached list 1 to the plaintiff.
Reasons
1. Basic facts
A. On February 22, 2008, the Defendant entered into a lease agreement with B and C, setting the lease deposit amount of KRW 40 million for the instant building, KRW 600,000 for monthly rent, and KRW 5,000 for lease term.
(hereinafter “instant lease agreement”). B.
The defendant paid the lease deposit amount of KRW 40 million to D who represented B and C on February 22, 2008, and received delivery of the building of this case.
C. On April 3, 2008, the Defendant registered the instant building with the trade name of “Certified Judicial Scriveners A office” and operates a certified judicial scrivener office.
While the above lease contract was explicitly renewed and continued, on May 15, 2013, the voluntary auction procedure E (S. Seosan Branch of the Daejeon District Court) commenced on the application of the Act No. 1021, the No. 2016, May 22, 2015. The instant building was sold to the Plaintiff on July 22, 2015.
E. The Defendant paid B the rent to B until February 2013, and thereafter, did not pay the rent.
F. On July 11, 2016, the Plaintiff completed the registration of ownership transfer with respect to the shares of the building indicated in the attached Table 259.34/78.02 shares to Bolulue households Co., Ltd.
F. B filed a lawsuit against the Defendant seeking the return of the amount equivalent to the unpaid rent and the management expenses paid on behalf of the Defendant (the Daejeon District Court’s Seosan Branch 2016 Ghana50647). On October 18, 2016, the said court recognized that “the sum of the rent 17,400,000 won and the management expenses (including the amount paid on behalf of the Defendant) unpaid from March 2013 to July 21, 2015, which were unpaid by the Defendant (including the amount paid on behalf of the Defendant)” was 18,591,123, and accepted the claim of B.
G. Meanwhile, from August 1, 2015 to July 31, 2016, the amount equivalent to the rent of the instant building is KRW 1,168,275 per month, from August 1, 2016 to July 31, 2016, KRW 1,15,683 per month, from August 1, 2016 to July 31, 2017, and KRW 1,15,683 per month, from August 1, 2017 to September 18, 2017.