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1. The judgment of the first instance court, including the Plaintiff’s claim for addition and reduction in the trial, shall be modified as follows.
Reasons
1. Basic facts
A. Defendant B entered into a lease agreement on the lease of a building listed in the separate sheet (hereinafter referred to as “instant building”) from the date of birth of the farming association corporation. On October 29, 2003, Defendant B obtained a business license, such as the detailed statement on the business license, from the Jeju market.
Defendant A, the husband of Defendant B, operated the entertainment tavern (hereinafter “instant entertainment tavern”) with the trade name “D dan” with Defendant C.
B. On June 5, 2013, the Plaintiff purchased the instant building from the solar date of the agricultural partnership and completed the registration of ownership transfer on June 19, 2013.
On June 19, 2013, Defendant B, upon the Plaintiff’s request on June 19, 2013, prepared a statement of performance that “The monthly rent shall be KRW 1.2 million without the lease deposit or lease term, and if the lease term expires, Defendant A shall remove the facilities installed by business necessity at his/her own expense and restore it to its original state” (hereinafter referred to as “written statement of performance of this case”).
C. Since Defendant A failed to pay monthly rent to the Plaintiff on August 6, 2013, Defendant A delayed at least three times, the Plaintiff filed the instant lawsuit seeking the termination of the instant building lease agreement and the delivery of the instant building on the ground of the overdue rent. The duplicate of the complaint was served on Defendant A on January 6, 2014.
Defendant A did not pay the rent from August 1, 2013 to March 31, 2015 and the management fee of KRW 8,877,380 incurred during the same period.
E. On November 5, 2015, the Plaintiff received reimbursement of KRW 3,840,000 in total by means of a compulsory execution against corporeal movables pursuant to a provisional execution judgment rendered by the first instance court.
F. The Plaintiff was handed over the instant building from Defendant A and C on December 16, 2015.
G. Defendant A also includes rent from April 1, 2015 to December 16, 2015, and management fee of KRW 4,898,540, which occurred during the same period.