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1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:
Attached Form 1. The Plaintiff
Reasons
1. Basic facts
A. On or around August 2013, the Plaintiff, the owner of the real estate indicated in the attached Table 1 (hereinafter “instant building”), respectively, leased the amount of the purchase price of the instant building to Defendant A Co., Ltd. (hereinafter “Defendant A”) with KRW 768 square meters (hereinafter “instant leased part”) and KRW 1,626 square meters for the second floor of the instant building from August 19, 2013 to August 18, 2016; the first year, the amount of KRW 44,563,100 (including value-added tax) and the amount calculated pursuant to Article 57 of the Plaintiff’s Asset Management Regulations for the second and second years (hereinafter “instant lease”); and Defendant A, under the instant lease agreement, leased the amount of the purchase price of the instant building between the Seoul Guarantee Insurance Co., Ltd. and the Defendant under the performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”).
As Defendant A was not paid rent from September 2015, around August 5, 2016, the Plaintiff requested the return of the leased portion and the payment of unpaid rent on the ground that the instant lease agreement had been terminated due to the expiration of the period of termination. On August 18, 2016, Defendant A’s unpaid rent as of August 18, 2016, is KRW 57,673,000.
After August 22, 2016, the Plaintiff received KRW 24,509,70, which is the purchase price of the instant guaranteed insurance from Seoul Guarantee Insurance Co., Ltd.
Meanwhile, Defendant B (hereinafter “Defendant B”) completed the registration of change of its head office on September 16, 2013 as 202 among the leased portion of the instant case, and Defendant C’s “Defendant C”) on May 8, 2015 (the relocation of the place of business to the said place of business on September 25, 2013). Defendant D had completed the registration of change of its head office to the said place of business on September 16, 2013 (203 around September 25, 2013) as 203 of the leased portion of the instant case’s business registration certificate, and Defendant E.