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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 1, 2018 to December 4, 2019.
Reasons
1. Basic facts
A. On April 1, 1985, the Plaintiff (hereinafter “Plaintiffs Han-gu Council member”) opened a “C” Council member (hereinafter “Plaintiffs Han-gu Council member”) and operated the Plaintiff’s Council member from June 26, 2001.
The defendant is the owner of the third floor of the E-ground E-ground Bokebro and the Stick roof (hereinafter referred to as the "instant building") after the plaintiff's Council members are attached to the plaintiff's Council members.
The building of this case was constructed around April 1984.
B. On November 27, 2003, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 10,000,000,000 for the entire size of 67.8 square meters on the first floor among the instant building, and KRW 500,000,000 for monthly rent, and entered into a lease agreement on the lease term up to November 27, 2004 (1 year) (hereinafter “instant lease agreement”). The Plaintiff used the lease term as a medicine room for the Plaintiff’s Han-won by altering the first floor of the instant building into the part of the instant building.
C. While the Plaintiff and the Defendant had renewed the instant lease agreement several times, the Plaintiff and the Defendant concluded a lease agreement with each of the terms as KRW 25 million on October 25, 2015, KRW 800,000, monthly rent, and up to October 25, 2017 (two years).
The Plaintiff and the Defendant did not conclude a lease contract again, and the Defendant demanded the Plaintiff to deliver the first floor of the instant building on January 2018, and the Plaintiff performed a removal work on the altered portion from March 27, 2018, and delivered it to the Defendant on March 2018.
Meanwhile, at the time of the first lease contract, the Plaintiff and the Defendant agreed that “the lessee may remodel or alter the lease contract of this case with the approval of the lessor, but the lessee shall restore the said real estate to its original restoration key at the cost of the lessee before the date of return of the real estate (Article 5).” On October 25, 2015, the lessee shall restore the said real estate to its original state and return it to the lessor.
In such a case, the lessor.