Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be cancelled.

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the court of first instance except for the addition or dismissal

Article 7 of the first instance court's decision that "the fact that the plaintiff seems to have been able to receive the dividend" is that "not only could have received the dividend but also the tenant higher than the plaintiff received the small amount deposit with the priority by making the time moving-in report, etc., the plaintiff did not make such efforts."

The 40% "40%" in the 8th judgment of the court of first instance shall be raised to "30%".

Part 9 to 14 of the 8th judgment of the first instance is as follows.

“C. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of KRW 12,00,000 (=40,000,000 x 30%) and the damages for delay calculated at each rate of 12% per annum as stipulated in the Civil Act from December 7, 2019 to November 12, 2020, which is the date of rendering a reasonable judgment for dispute as to the existence or scope of the obligation to perform the obligation, from December 7, 2019 to December 12, 2020.”

2. As such, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is partially unfair with the conclusion, the part exceeding the above recognition amount is revoked, the plaintiff's claim corresponding to the revoked part is dismissed, and the defendant's remaining appeal is dismissed. It is so decided as per Disposition.