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1. Of the instant lawsuit, the part of the claim for confirmation of the non-existence of an obligation to pay the illegal residence compensation amounting to KRW 649,760 and its interest.
Reasons
1. The facts under the basis of the facts are acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 2 to 11 and Eul evidence No. 1 to 7.
A. (1) On September 4, 2008, the Plaintiff entered into a lease contract with the Defendant by setting the lease deposit amount of KRW 16 million, monthly rent of KRW 89,00, and the scheduled date of occupancy as of June 2009, and paid KRW 3,200,000 to the Defendant on the same day.
(2) On April 23, 2009, the Plaintiff paid KRW 12,800,000 in total and KRW 16,800,000 in total and KRW 4,000 in the balance of the deposit under the above lease agreement (additional deposit) to the Defendant, and paid KRW 172,00 in advance of management expenses on May 27, 2009.
(3) On June 10, 2009, the Plaintiff entered into a modified lease agreement (hereinafter “D lease agreement”) with the Defendant by amending the monthly rent of KRW 62,330 as a new lease deposit and the lease term from June 10, 2009 to July 31, 201, and resided in D apartment from June 12, 2009.
(4) Of the Defendant’s standard lease contract applied to the D lease contract, the contents of the relevant provision are as shown in the attached Form. In particular, Article 10 of the Special Conditions for Contracts provides that “If a person fails to enter into a life expectancy or a renewal contract even after the lease term has expired, the person shall be ordered to pay an illegal amount equivalent to 1.5 times the monthly rent for the period from the day following the day when the person is required to surrender.”
(5) On June 9, 2011, the Plaintiff received a guidance from the Defendant that “where the D Lease Agreement is terminated on July 31, 201 after the expiration of the period of validity, and wishes to reside continuously, the Plaintiff entered into a renewal contract between July 1, 201 and July 31, 201, the contract renewal period.”
B. (1) On July 13, 201, the Plaintiff and the Defendant Gwangju.