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The defendant's KRW 60,374,388 to the plaintiff and 5% per annum from August 10, 2016 to September 21, 2016.
Reasons
Basic Facts
Since the Defendant as a party and his husband C leased each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) from the Plaintiff’s husband D on February 20, 1994, the Defendant and his husband operated a recycling material collection and disposal business from each of the instant land in the name of E.
D, such as the conclusion of a lease contract between the Plaintiff and the Defendant on February 20, 2010, concluded a lease contract with the Defendant with the terms that each of the instant land was leased KRW 72,000,000, KRW 7,150,000 per month for rent (including value-added tax; hereinafter the same shall apply), and the term of lease from February 20, 201 to February 19, 201.
After D’s death, the Plaintiff completed the registration of ownership transfer on January 19, 201 with respect to 5/8 shares out of each of the instant lands on July 19, 201, due to inheritance due to a division of consultation held on July 19, 2010.
On July 20, 2012, the Plaintiff asserted that each land of this case between the Defendant and the Defendant does not include the land listed in attached Table 1 in the leased object of the instant lease agreement. However, on February 20, 2010 between D and the Defendant, each land of this case was included in the lease agreement between D and the Defendant; and on February 20, 2010 between D and the Plaintiff, the lease agreement of this case explicitly stated that the contract of this case was an extension contract between D and the Plaintiff on February 20, 2010. In light of the fact that the lease area of this case is stipulated as 3,370 square meters, unlike the Defendant’s assertion, the land listed in attached Table 1 should also be deemed as included in the leased object land of this case. Eul’s lease deposit shall be paid at KRW 90,00,000, monthly 7,700,000.
The lease term was extended from July 20, 2012 to July 19, 2013 (the lease term of the said lease was extended to July 19, 2014; hereinafter “instant lease contract”). This is the case.