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1. The Plaintiff:
A. Defendant B received KRW 6,00,000 from the Plaintiff, and at the same time real estate listed in the attached Table 1.
Reasons
1. Facts of recognition;
A. A. Around March 2008, the Plaintiff entered into a lease agreement with Defendant B to set out a part of the first floor among the real estate listed in the annexed Table 1 as KRW 6,000,000, monthly rent of KRW 550,000, monthly rent of KRW 6,000, monthly rent of KRW 1,000, monthly rent of KRW 1,000, KRW 600,000, monthly rent of KRW 550,000, monthly rent of KRW 550,000, monthly rent of KRW 550,000, and the lease period of KRW 1, 208 from April 1, 2008 to March 31, 209.
B. The term of lease of each of the above lease agreements, which has been renewed several times as a duplicate of the instant complaint, terminates on March 31, 2015, and the Plaintiff notified that it would not renew it, and the Plaintiff served a duplicate of the complaint to the Defendants until February 25, 2015.
Grounds for Recognition: Facts without dispute, Gap 1 and 5, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the Defendants’ obligation to deliver real estate, the term of lease of the Defendants ends on March 31, 2015, and the Defendants are obligated to deliver each leased building to the Plaintiff at the same time with the payment of deposit from the Plaintiff.
B. Defendant B’s defenses 1) around July 26, 2005, Defendant B acquired the right of lease by paying KRW 24 million for the premium to the lessee E prior to the lapse of July 26, 2005. However, since around 2010, Defendant B failed to transfer the right of lease to another person but failed to transfer the right of lease to the Plaintiff’s non-cooperation, resulting in the Plaintiff’s failure to recover KRW 24,00,000 for the premium. Therefore, pursuant to Article 10-4 of the Commercial Building Lease Protection Act, the Plaintiff is obliged to pay the Defendant damages amounting to KRW 24,200,000 for the amount of water leakage, etc. In addition, the said Defendant is obliged to exercise the right of claiming beneficial non-payment since it paid KRW 4,200,000 to the Defendant around July 26, 2007. Therefore, the Plaintiff cannot respond to the Plaintiff’s claim before receiving the said damages and beneficial expenses.