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1. The Defendant’s KRW 91,392,533 as well as the Plaintiff’s annual rate from November 5, 2014 to September 28, 2016, and the following.
Reasons
1. Basic facts
A. Since January 24, 1978, the Defendant is the owner of the Dong-gu, Ulsan-gu C large 462.2 square meters (hereinafter “instant site”).
B. In around 2013, the Plaintiff and D leased the instant site, and set one half of which are set to be used by constructing a lot of land 257.13 square meters of Class II neighborhood living facilities of the 257.13 square meters of the luxical structure, sand site board, lux, etc. on the ground.
C. On April 11, 2013, the Plaintiff and D entered into a lease agreement with the Defendant on the instant site with the terms of five years from May 10, 2013 to May 10, 2018 (hereinafter “instant first lease agreement”) with respect to the term of the contract, and KRW 10,000,000, monthly rent of KRW 1,30,000 (excluding value-added tax) (hereinafter “instant first lease agreement”).
However, the name of the tenant was D. D.
Since June 27, 2013, the following contents were established between D and the defendant.
1) D and the Defendant entered into a lease agreement on April 11, 2013, with the same content as the above sub-paragraph (c). 2) D bear all the costs associated with the construction of the instant building, and the name of the building permit and ownership shall be the Defendant.
3)D bears tax and public charges on the instant building, and if D does not pay it, D cannot transfer its claim for the refund of deposit for lease to another person or provide it to another person for the purpose of security, such as pledge, and it cannot sublet the instant building without the consent of the defendant.
5) The Defendant may terminate the instant lease contract in cases where D has failed to pay the monthly rent more than two times, or where D has transferred, sub-leaseed, modified structure, or used the instant real estate for any purpose other than its original purpose without the Defendant’s consent. 6) The instant lease contract is terminated at the same time as the lease term expires unless there is a separate agreement between D and the Defendant on termination of a separate contract and the refusal to renew a contract, and the implied renewal is not applicable.
D-.