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1. Disposition of the court of first instance No. 1-B
subsection (a) shall be amended as follows:
The defendant shall pay to the plaintiff KRW 24,928,220.
Reasons
1. The Plaintiff sought from the first instance court the return of the instant real estate to the Defendant, the overdue rent, and the return of unjust enrichment equivalent to the rent from the date of completion of delivery of the instant real estate. The first instance court accepted the Plaintiff’s claim in entirety.
Accordingly, the Defendant appealed against the cited portion of the claim for return of unjust enrichment equivalent to the rent in arrears and the rent in excess of the rent from the date of completion of delivery of the real estate of this case. Thus, the subject of the judgment of this court is limited to the cited portion of the claim for payment
2. Basic facts
A. On June 18, 2015, the Plaintiff: (a) leased the instant real estate deposit of KRW 60,00,000; (b) monthly rent of KRW 6,000,000 (value-added tax separate); and (c) from July 20, 2015 to July 20, 2020 (60 months); and (d) C operated a restaurant in the name of “E” from the instant real estate; (b) C transferred the Defendant’s father’s business right to “E and the right to the instant real estate lease deposit to D on January 15, 2016; and (c) at the time, C and D agreed to pay the rent of KRW 60,00,00,00 (value-added tax separate); and (c) at the time, D agreed to be unfairly liable for the delayed payment incurred before January 15, 2016.
3) On January 15, 2016, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 60,000,000, monthly rent of KRW 6,000 (excluding value-added tax) and the term of lease from January 15, 2016 to July 20, 2020 (hereinafter “instant lease agreement”).
(B) At the time, the Defendant agreed to pay C’s overdue rent for a period of two months. (B) C and the Defendant’s rent for the instant real estate: (a) C and C paid the Plaintiff KRW 6,600,000 each of the rent for the instant real estate on September 22, 2015 and October 20, 2015.
2 From January 15, 2016, the Defendant paid KRW 4,000,000 to the Plaintiff as the rent for the instant real estate from January 15, 201 to the date of the instant lawsuit.
C. The Plaintiff’s termination of the instant lease agreement and the instant case.