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1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.
Defendant C. The Plaintiff B.
Reasons
Facts of recognition
Plaintiff
B A Co., Ltd. (hereinafter referred to as “Plaintiff B”) is a rental business operator who newly constructs and leases N apartment units, a private constructed rental housing, in Yongsan-gu Seoul Metropolitan Government M, and Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff A”) is a trustee who has completed the registration of ownership transfer on the above N apartment units due to a trust contract.
Plaintiff
B On September 2, 2009, on the instant apartment, Defendant C and the instant apartment, entered into a lease agreement (hereinafter “instant lease agreement”) with the term “five years from the beginning date of the occupancy designation period,” setting the lease deposit amount of KRW 514,10,00,00, monthly rent of KRW 642,00, and the term of lease “five years from the beginning date of the occupancy designation period,” and thereafter, the said apartment was handed over to Defendant C at around that time. At present, Defendant D, his mother with Defendant C, occupies the said apartment.
The terms and conditions of the instant lease agreement are as follows.
Article 12 [Cancellation and Termination of Lease Contract] (1) (Lessee and Defendant C) may cancel or terminate a lease contract, or refuse to renew a lease contract if the contract was committed by Party B (Lessee and Defendant C) for any of the following acts:
2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 19 of the Rental Housing Act.
5. Where a lessee has reconstructed, extended or altered a rental house and its incidental facilities without the consent of the lessor or has used it for any other purpose than its original purpose.
(1) The pre-sale conversion price at the expiration of two years and six months from the expiration date of the initial occupancy designation period designated at us after the completion of construction shall be the arithmetic mean of the appraisal value of the appraisal corporation Party A and B selected respectively.
(2) Completion;