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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. Facts of recognition;
A. On September 21, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with E with regard to the instant real estate under the name of D, a former spouse, between D, which is KRW 13,00,000, KRW 600,000 per month of rent (Additional tax separately), and between October 30, 2012 and October 30, 2014 of the lease term (hereinafter “instant lease agreement”).
B. On October 30, 2012, the Defendant received the instant real estate from E and used it for lighting, and paid only KRW 5,000,000 out of the above lease deposit to E, and on October 31, 2012, E and the Defendant agreed to additionally pay KRW 80,000 per month until the Defendant paid the remainder lease deposit amount of KRW 8,00,000.
C. E died on November 2017, and on November 17, 2017, the instant real estate was transferred to the Plaintiff as E’s grandchild on January 15, 2018 due to legacy.
The Defendant paid KRW 740,000 per month to E by failing to pay KRW 8,00,000 (= KRW 600,000 plus KRW 80,000). As of the end of February 2018, the rent that the Defendant has to pay to E was KRW 20,70,000.
E. On February 27, 2018, the Plaintiff entered into a lease agreement with F Co., Ltd. (hereinafter “F”) for the instant real estate as the Defendant’s introduction, with the lease deposit of KRW 10,000,000, monthly rent of KRW 600,000 (Additional Tax separately), and from March 30, 2018 to March 30, 2020.
F. On March 5, 2018, the Plaintiff agreed that the instant lease agreement was terminated as of March 30, 2018 between the Defendant and the Defendant, and the Defendant issued to the Plaintiff a promissory note with the face value of KRW 12,00,000, and the due date on March 30, 2018 for the payment of overdue rent.
G. The instant real estate has existed up to now by the lighting fixtures owned by the Defendant, and F is limited to KRW 1,00,000,000, out of the lease deposit amount of KRW 10,000.