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1. The Defendant’s KRW 35,714,540 for the Plaintiff and 5% per annum from May 21, 2019 to December 18, 2019.
Reasons
1. Facts of recognition;
A. On January 8, 2015, C Co., Ltd. entered into a lease agreement with D to lease the Seo-gu building E (hereinafter “instant real estate”) of the Seo-gu building E (hereinafter “instant real estate”) with a deposit of KRW 50 million, monthly rent of KRW 4.5 million, and the period from January 12, 2015 to January 11, 2018.
B. On September 24, 2015, the Defendant acquired the ownership of the instant real estate and succeeded to the lessor status of the said lease agreement, and entered into a lease agreement with D and the Plaintiff as a joint lessee, stipulating that the instant real estate shall be leased by setting the deposit amount of KRW 50 million and KRW 4.5 million per month (excluding value-added tax), and the period of October 11, 2020 (hereinafter “instant lease agreement”).
C. On September 24, 2015, on which the instant real estate was established, a voluntary auction was commenced on June 27, 2018 based on the right to collateral security (right to collateral security), and the Plaintiff acquired ownership by winning the said real estate at the said auction procedure on March 12, 2019.
The long-term repair appropriations paid by the Plaintiff to the instant real estate by March 12, 2019 are KRW 564,540.
[Reasons for Recognition] Unsatisfy, Gap 1, 4, 5 evidence, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the lease contract relationship of this case was terminated on March 12, 2019 on which the Defendant lost ownership of the instant real estate, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 36.5 million after deducting the rent of KRW 13.5 million, which the Plaintiff was unpaid from the deposit of KRW 50 million, from the remainder of KRW 36.5 million and the long-term repair appropriations of KRW 564,540, and delay damages therefrom.
3. Judgment on the defendant's assertion
A. As to the Plaintiff’s assertion that he succeeded to the lessor’s status, the Defendant succeeded to the lessor’s status under the instant lease agreement by acquiring ownership in the auction procedure regarding the instant real estate.