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1.The judgment of the first instance shall be modified as follows:
The defendant shall have the 71th floor among the real estate listed in the attached list to the plaintiff.
Reasons
1. Basic facts
A. Lease 1) The Defendant around 1995 (hereinafter “instant building”) is a 71.82 square meters of the branch floor among the real estate listed in the attached list from the Plaintiff as indicated in the attached list.
(2) On July 18, 2001, the Defendant drafted a new lease agreement (No. 1) on KRW 15,000,000, monthly rent of KRW 500,000,000 (excluding post payment, management fee of KRW 30,000) between the Plaintiff and the Plaintiff to increase the lease deposit amount of KRW 10,00,00,000.
3) From April 18, 2012 to April 17, 2012, the Defendant: (a) a lease contract between the Plaintiff and the Plaintiff for the lease deposit of KRW 5,000,000 for the instant building; (b) a monthly rent of KRW 600,000 for the instant building (excluding post-payment, management fees of KRW 30,000); and (c) a period from April 18, 2012 to April 17, 2013 for the lease contract (hereinafter “instant lease contract”).
(2) At the time of the conclusion of the instant lease agreement, the term "in case of finding a receipt, it shall be 16.1.2 million won." (B) The Defendant transferred the receipt to the Agricultural Cooperative (C, D) account in the name of the Plaintiff from February 8, 201 to October 15, 202, an average of KRW 5.3 million on the monthly basis, from November 11, 2002, KRW 6.3 million on the average 6.16 million (6.12.66 million on November 1, 200, 2000 won on the 2.16.16.2 million won on the 2.16.16.2 million won on the 2.6.16.2 million won on the 2.6.16.2 million won on the 2.6.16.2 million won on the 2.6.2 million won on the 2.26.2 million won on the 14.2 million won on the 26.16.2 million won on the 26.16.2 million won.
2) Meanwhile, on the other hand, the part of the rents for the instant building prepared by the Plaintiff (as for the evidence A No. 1, 12,700,000 in arrears as of December 12, 201, the monthly rent of KRW 630,000 in arrears by the Defendant on the 18th day of each month plus the 630,000 in arrears paid by the Defendant to the Plaintiff on January 12, 2012.