1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The following facts of recognition do not conflict between the Parties, or are recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1, 2, and Eul evidence 1 (including each number; hereinafter the same shall apply):

A. On May 23, 2013, the Plaintiff: (a) leased one of the above-story C ground buildings owned by the Plaintiff (hereinafter referred to as “instant building”) to the Defendant as KRW 50 million from May 23, 2013 to December 31, 2013; (b) leased KRW 2.5 million from January 1, 2014 to May 22, 2015 (hereinafter referred to as “instant lease agreement”); (c) the lease agreement was extended to four years between the Defendant and the Defendant on May 27, 2015; and (d) the agreement was concluded to separately increase the lease agreement by KRW 4 million from the monthly rent (value-added tax).

B. Paragraph 3 of the special terms of the instant lease agreement is indicated as follows.

The monthly rate of 14% per annum shall be determined by the monthly rate of 14% per annum, and the additional tax shall be 10%, electricity and tap water, management fee of 10,000 won.

On the other hand, the Plaintiff sold the instant building to D on April 5, 2017, and completed the registration of ownership transfer on the instant building on July 14, 2017.

The Defendant did not pay the rent and management expenses from May 2017 (from April 23, 2017 to May 22, 2017) to the Plaintiff.

2. Determination

A. According to the above facts, according to the instant lease agreement, the Defendant is obligated to pay to the Plaintiff KRW 1,215,00,000 (including the monthly rent of KRW 4.4 million (including value-added tax) x (21/30,000) x (21/30,000)) and damages for delay, which are the sum of monthly rent and management expenses from May 2017 to July 13, 2017, pursuant to the instant lease agreement.

As to this, the Defendant transferred the ownership of the instant building owned by the Plaintiff to D around July 14, 2017, and D succeeded to the status of D, and the Defendant’s unpaid monthly rent obligation against the Plaintiff is the Defendant’s D.