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1. The Defendant’s KRW 3,37,897 and KRW 2,487,897 among the Plaintiff and KRW 5% per annum from January 8, 2015 to November 26, 2015.
Reasons
1. Basic facts
A. Since April 6, 2011, the Defendant leased and occupied the real estate indicated in the separate sheet (hereinafter “instant store”) from B before the lessor B to KRW 20 million, monthly rent of KRW 1,500,000,000 from April 18, 2011 to April 18, 2013. Meanwhile, on the other hand, the Plaintiff became the owner of the said store on November 13, 2013 at the public sale procedure conducted by the Korea Asset Management Corporation (National Tax Collection Act).
B. On November 7, 2013, in relation to the acquisition of the above ownership, the Plaintiff notified the Defendant from around November 7, 2013, that the ownership will be changed due to the above public sale, and that the Defendant is a subordinate lessee who could not oppose the Plaintiff, and thus, the Plaintiff cannot assert the right to possess the said store against the Plaintiff, and demanded the Plaintiff to leave the said store immediately after acquiring the ownership of the said store
C. On November 29, 2013, the Defendant issued a statement to the effect that, on September 24, 2015, the Plaintiff, including training grounds installed or installed in relation to the Defendant’s business, kitchen facilities, attached stuffs, toilets, toilets, boiler and other facilities, metal signboards, etc. installed in relation to the Defendant’s business, provided that, on the date of pleading, “the Plaintiff’s filing of the instant lawsuit to the Defendant is merely removal of the facilities or structures requiring such removal, and it does not request the Defendant to remove other movables, such as remaining furnitures, wastes, etc.; hereinafter “the instant non-de-de- removed parts”) without removal or removal, the Plaintiff removed only the remainder of the goods and removed them from the said shop (hereinafter “instant eviction”).
[Ground of recognition] Facts without dispute, Gap 1, 2, 6, and 7's statements, the purport of the whole pleadings
2. The Plaintiff’s judgment on the claim for restitution costs is the first time before the Defendant.