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1. The Defendant’s KRW 12,987,097 as well as 5% per annum from January 5, 2014 to July 22, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. C purchased, on March 26, 2002, the Gangseo-gu Seoul Metropolitan Government D, 173.6 square meters and E, 173.5 square meters (hereinafter “each of the instant lands”) respectively, and completed the registration of ownership transfer.
B. On June 28, 2005, the Defendant entered into a lease agreement with C to lease the deposit amount of KRW 30 million, monthly rent of KRW 1.3 million, and the period from June 30, 2005, and from June 30, 2005, the Defendant entered into a lease agreement to lease the instant building on the one-story housing (62.81m2) and automobile-related facilities (35.1m2, 300,000,000 won, monthly rent of KRW 1.3 million, and from June 30, 2005, the instant building and each of the instant land and buildings were engaged in the car center business and its ancillary business.
C. Upon C’s death on September 16, 2006, F and G inherited each of the lands of this case by 1/2 shares, and completed the registration of ownership transfer on October 2, 2007, and H inherited the building of this case and completed the registration of ownership transfer on November 9, 2007.
A lease agreement between the Defendant and C was renewed by agreement with C around November 17, 2009, and the lease agreement was concluded again on November 17, 2009 with the content of the lease deposit of KRW 30 million, monthly rent of KRW 2 million, and the period from November 17, 2009 to 36 months.
E. Around February 2012, the Defendant concluded a lease agreement that leases 2/3 of the instant land and buildings to the Plaintiff at KRW 20 million, monthly rent of KRW 2.2 million, and the period from April 25, 2012 to 36 months (hereinafter “instant lease agreement”).
On February 4, 2012, the Plaintiff paid 25 million won as security deposit, etc. to the Defendant, and operated the Deputy Director (the subsequent part leased by the Plaintiff was referred to as the “Deputy Director of the instant case”).
F. On January 4, 2014, the Plaintiff delivered to the Defendant the third Deputy Director of the instant case, and on January 14, 2014, the Defendant concluded a lease agreement with the Defendant “Defendant” as the owner of each of the instant land, and H et al., the actual owner of which requested to leave around August 2013.