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1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 72,270,000 from the plaintiff at the same time.
Reasons
1. Facts of recognition;
A. On June 22, 2009, the Defendant: (a) leased the real estate listed in the separate sheet (hereinafter “the instant apartment”) as indicated in the annexed sheet, which is a privately constructed rental house (hereinafter “the instant apartment”) from the broadband Construction Co., Ltd. (hereinafter “Mad Lease”); (b) from July 15, 2009 to July 15, 201, the lease deposit was set at KRW 55,920,000 (hereinafter “the instant lease contract”); and (c) continues to renew the said lease contract; (d) the period of lease was set at KRW 72,270,000 until July 30, 2016; and (e) the Defendant paid the increased lease deposit to the Mad Construction.
B. Details on termination, etc. of the instant lease agreement are as follows.
Article 8 (Prohibited Conducts in this Case; hereinafter the same shall apply) No person shall commit any of the following acts:
1. In case where he transfers the right of lease or subleases the rental house to another person in contravention of the provisions of the Rental Housing Act (1) In case where he commits an act falling under any of the following subparagraphs subparagraph (a) of Article 10 (Cancellation and Termination of Lease Contract) (1), A (hereafter the same shall apply) may cancel or terminate this contract, or refuse to renew it:
2. Where a lessee transfers a right of lease of a rental house to another person or subleases a rental house in violation of the provisions of Article 13 of the Act, Article 11 (Refund of Rental Deposit) (1) A shall be refunded at the same time as B orders the house are issued to him as the contract is terminated, terminated, or terminated.
Article 12 (Sale of Rental Housing) (2) In the event that Party A sells the above house to another rental business operator (hereinafter “sick”) pursuant to Article 9(2)1 of the Enforcement Decree of the Rental Housing Act, the fact that Party A succeeds to Party A’s status as the rental business operator in the concurrent sales contract shall be specified in the
C. On January 13, 2016, as large-scale mining construction: