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1. The Defendant’s KRW 198,278 as well as the Plaintiff’s annual rate from November 5, 2016 to February 17, 2016, and the following.
Reasons
1. Basic facts
A. On June 26, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to part 56.20 square meters on the second floor among the building of Ulsan-gu C Housing (hereinafter “instant housing”) owned by the Defendant as KRW 10 million, monthly rent of KRW 250,000,000, monthly rent of KRW 250,000,000.
B. Since then, the Plaintiff continuously requested the Defendant to terminate the instant lease agreement prior to the expiration of the lease term, and on December 1, 2015, sent a certification of the content that the Plaintiff notified the Defendant of the termination of the instant lease agreement and the return of the deposit for lease on the ground that the act of destroying clothes, cutting off the Internet, etc. occurred.
C. Accordingly, on December 4, 2015, the Defendant sent to the Plaintiff a certificate demanding the termination of the instant lease agreement and the delivery of the leased object, and served the Plaintiff around that time.
Meanwhile, the Plaintiff raised an objection against the Defendant regarding the distribution of electricity, water, and gas charges, etc., which are jointly imposed on the Plaintiff’s residential household and the Defendant’s residential household, and filed a complaint against the Defendant on the charge of forging private documents, etc. However, the Defendant was subject to a disposition by the Ulsan District Prosecutors’ Office 2016 type No. 2058.
E. After that, on May 14, 2016, the Plaintiff moved in the instant house, and around that time, transferred the instant house to the Defendant.
F. On November 4, 2016, when the instant lawsuit was pending, the Defendant deposited KRW 8,313,800 for the remainder of the deposit, which deducted unpaid rents, electricity, and water rates from the deposit for lease of this case from the Ulsan District Court Decision 5459, Ulsan District Court, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, 9, 10 (including each number, hereinafter the same), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion (1) was paid in excess of KRW 10 million to the Defendant.