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1. Defendant B:
A. From December 1, 2014, at KRW 10,000 to KRW 33 square meters from the Plaintiff.
Reasons
Facts of recognition
The Plaintiff is the owner of the real estate indicated in paragraph (1) of this Article (hereinafter “instant real estate”).
On July 30, 2014, the Plaintiff’s husband D entered into a lease agreement on behalf of the Plaintiff with Defendant B, stipulating that the instant real estate was leased as KRW 20,000,000 per deposit, KRW 250,00 per month of rent, and KRW 12 months from July 30, 2014.
Defendant B paid KRW 7,500,000, out of the deposit at the time of the conclusion of the above lease agreement until July 31, 2014. However, Defendant B failed to prepare the remainder of KRW 4,500,000 in remitting KRW 3,00,00 on July 31, 2014.
Accordingly, around September 30, 2014, the Plaintiff’s agent D and Defendant B entered into a lease agreement on the instant real estate (hereinafter “instant lease agreement”) with the same deposit amounting to KRW 15,000,000 per month, KRW 290,00 per month (the pre-paid payment shall be paid on the 30th day of each month), and the term of the lease was the same as that of the previous lease, and the lease agreement was formulated retroactively on July 30, 2014.
At the time of the Plaintiff’s agent’s preparation of the above lease contract retroactive, the rent of August 2014 and September 2014 was stipulated in the lease contract that was paid in advance. On October 2014 and November 2014, the rent of KRW 15,500,000 which was already paid and the rent of KRW 15,00,00 which was newly determined as 50,000,000 which was the difference between KRW 15,50,000 which was already paid and KRW 15,00 which was newly determined.
Defendant B did not fully pay to the Plaintiff the rent from December 2014.
Meanwhile, without the Plaintiff’s permission, Defendant B subleaseed the instant real estate to Defendant C without permission, and Defendant C resides in the instant real estate from March 8, 2015 to the date of closing argument.
Around October 15, 2015, Defendant B demanded the payment of KRW 5,000,000 as it is necessary to show Defendant C residing in the instant real estate to the above D, and D returned KRW 5,00,000 out of the deposit money to Defendant B in reliance on this end.