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1.(a)
The defendant paid KRW 5,66,66 to the plaintiff and 5% per annum from April 4, 2015 to July 24, 2015.
Reasons
1. Facts of recognition;
A. As to the share of 18743/1953 of Ulsan-gu Seoul Special Metropolitan City C forest land 3742m2 (hereinafter “instant land”), the Defendant’s father, awarded a successful bid on March 28, 1994 and completed the registration of ownership transfer in the future. On November 27, 1996, the registration of ownership transfer for the said share was completed on the ground of successful bid with E on November 27, 1996. On November 16, 1999, the registration of ownership transfer was completed on the said share to Ulsan Metropolitan City.
On December 30, 2008, Ulsan Metropolitan City completed the registration of transfer on January 19, 2009 with respect to the share of 493/1953 of the pertinent land on the ground of the partition of common property.
Accordingly, the Ulsan Metropolitan City owned 19236/19537 of the land of this case, and the remaining 301/19537 shares were owned by F.
B. (1) On June 30, 2010, the Plaintiff entered into a lease agreement with the Defendant to lease “a warehouse other than the present building” on the ground of the instant land from the Defendant to KRW 3 million, monthly rent of KRW 600,000 (payment on June 30, 2010).
Around that time, the Plaintiff paid KRW 3 million to the Defendant, and commenced residing in the instant land-based building.
(2) On December 12, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease “a warehouse other than an existing building” on the ground of the instant land from the Defendant to KRW 8 million, monthly rent of KRW 600,000,000 (payment on November 30, 201) (hereinafter “instant lease agreement”), and around that time, paid the Defendant the increased lease deposit amount of KRW 5 million.
(3) Afterwards, the Plaintiff and the Defendant agreed to exclude the principal debt building on the ground of the instant land among the subject matters of the instant lease agreement, and to use the said building, and to reduce the monthly rent of the instant lease agreement to KRW 400,000.
(4) Around that time, the Plaintiff.