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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On January 18, 2007, the Plaintiff purchased from E, on behalf of the Defendant, the land of Socheon-gun C (3,240 square meters), D (66 square meters) land (hereinafter “instant land”) and the building attached thereto (hereinafter “instant building”).
B. On January 1, 2008, the Plaintiff acted as the owner of the building of this case and agreed to F to receive KRW 100,000,000 per month as interest on the above lease deposit instead of actually receiving KRW 100,000,000 from F, while the Plaintiff acted as the owner of the building of this case.
From January 1, 2008 to December 3, 2012, the rent amounting to KRW 10,000,000 per month, and the lease period was set from January 1, 2008 to December 3, 2012.
Before F rents the instant building, G appears to have been a lessee of the instant building.
C. On July 11, 2013, the Defendant, even though the Plaintiff purchased the instant land and building from E, purchased KRW 500,000,000,000, and acquired KRW 200,000 by deceiving the Defendant with the purchase price of KRW 700,000,000. While managing the instant building, the Plaintiff filed a complaint with the investigative agency to the effect that the Plaintiff embezzled approximately KRW 400,000,000 in total, including interest equivalent to KRW 1,00,000,000 for monthly rent, water rent, and lease deposit, which the Plaintiff received from the lessee, while managing the instant building.
Among the above details of the defendant's complaint, the above 400,000,000 won are as follows.
First, with respect to the rent of the instant building from February 2, 2007 to January 2, 2009, if the sum of the rent of KRW 99,890,000 and KRW 195,890,000 that the Plaintiff consumed voluntarily from February 2, 2009 to February 2, 2012 is KRW 294,890,000 or KRW 204,890,000, or KRW 90,000 as the repair cost of the instant building, if the Plaintiff or lessee spent the rent of KRW 294,890,000 at the complaint, the embezzlement of the portion of the rent shall be deducted from the sum of the above sum of KRW 294,890,000 after subtracting the above repair cost of KRW 90,000,000 from the above sum of the rent of KRW 294,890,90.