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1. The Defendant’s KRW 12,038,930 and KRW 9,800 among the Plaintiff’s KRW 12,030 and KRW 2,689,640 from July 4, 2014.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) Seoul Seocho-gu Seoul Metropolitan Government No. 101, No. 54.6m2 (hereinafter “instant real estate”)
(2) On July 3, 2012, the Plaintiff, the owner of the instant real estate, entered into a lease agreement with the Defendant under the name of lessee D as to the instant real estate, with a deposit of KRW 15 million, monthly rent of KRW 2 million, and the lease agreement of KRW 36 months. The Defendant, while actually occupying and using, and making profits from, the instant real estate, did not pay monthly rent. (2) On January 18, 2013, the Plaintiff entered into a lease agreement with E (the president F) as to the entire real estate of this case and the same story of KRW 101-1 and 24.96 square meters adjacent to the instant real estate (hereinafter “instant non-party No. 101-1”), with the Defendant’s introduction, as to the entire deposit of KRW 30 million, monthly rent of KRW 2 million, and the lease period of January 31, 2016.
3) The president of E, a foundation, made payment to the Plaintiff during the period from July 14, 2012 to January 31, 2013 at the time of the said lease agreement, to the end of January 31, 2013, and agreed that KRW 30 million in total by succeeding the deposit amount of KRW 15 million paid in advance by D as the lease deposit. However, although the sum of the overdue rent as of August 30, 2013 due to the failure to pay the overdue rent was KRW 28 million, the Defendant removed from the instant real estate on September 30, 2013, as of October 1, 2013 to the end of April 4, 2014, the Defendant occupied and used the instant real estate as the legal affairs of the Defendant and transferred it to the Plaintiff.
5) On December 17, 2014, the Plaintiff paid KRW 2,689,640 on the aggregate of management expenses and unpaid arrears imposed on the instant real estate from October 1, 2013 to April 2014. [The fact that there is no dispute over the grounds for recognition, the entries in Gap 3 through 10, and Eul 4, and the purport of the entire pleadings.]
B. The judgment of the Defendant: (a) the Plaintiff obtained by occupying and using the instant real estate without any title from October 1, 2013 to April 30, 2014; (b) KRW 9.8 million = KRW 1.4 million x 7 months.