1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 91,324,924 and its amount from January 4, 2018.

1. Basic facts

가. 피고는 D로부터 별지1 목록 제2항 기재 부동산과 같은 목록 제1항 기재 부동산 중 별지2 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎부분(이하 합하여 ‘이 사건 임대차 목적물’이라 한다)을 존속기간 2012. 10. 13.부터 2017. 10. 13.까지, 보증금 100,000,000원(이하 ‘이 사건 임대차보증금’이라 한다), 월차임 8,000,000원(부가가치세 별도)에 임차하여(이하 그에 따른 임대차계약을 ‘이 사건 임대차계약’이라 한다), D에게 위 임대차보증금을 지급하고 이 사건 임대차 목적물을 인도받아 자동차수리업을 위하여 점유사용하였다.

B. On May 7, 2015, the Plaintiffs entered into a sales contract with the heir of D (Death on January 4, 2015) for the leased object, etc. of this case, and completed the registration of ownership transfer for each of 1/2 shares of the leased object, etc. of this case on June 2, 2015. Accordingly, the Plaintiffs succeeded to the lessor’s status of the instant lease agreement.

C. On August 18, 2017, the Plaintiffs notified the Defendant of the refusal to renew the instant lease agreement, and the said notification reached the Defendant on August 21, 2017.

After October 14, 2017, the Defendant occupied and used the leased object of this case and operated the automobile repair business. On January 3, 2018, the Defendant delivered the leased object of this case to the Plaintiffs.

E. If no deposit exists, the amount equivalent to the rent for the object of the lease of this case as of October 14, 2017 shall be KRW 115,932,00 per annum.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 8, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the fact that the instant lease agreement was terminated, it is deemed that the instant lease agreement was terminated on October 13, 2017.

The Defendant asserts that the term of the instant lease agreement was extended by January 3, 2018.