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1. The Defendant’s KRW 168,256,00 for the Plaintiff and KRW 5% per annum from July 15, 2015 to September 9, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is an aggregate building A, which is an aggregate building in Dongdaemun-gu Seoul Metropolitan Government, management body of A shops.
On June 8, 2007, the Plaintiff, who was delegated the right to lease the commercial building of this case with Nonparty 1,50 million won (including additional tax), monthly rent 88,000 won (including additional tax), and the lease period of 36 months, concluded a lease contract (hereinafter “the lease contract of this case”) with Nonparty 1, 40 units of the 137 units of the 137 units of the 157 units of the 1,00 units of the 137 units of the 1,00 units of the 1,00 units of the 1,00 units of the 40 units of the 1,00 units of the 1,00 units of the 1,00 units of the 1,00 units of the 1,00 units of the 1,00 units of the 36th unit of the building.
B. On August 25, 2008, the Defendant, who was the sentence of the above D, actually occupied and used the instant commercial building without permission, began to impose a non-performance penalty on the owners of the above rooms on the ground that he changed the use of sales facilities to amusement facilities by the head of Dongdaemun-gu Seoul Metropolitan Government from the head of Dongdaemun-gu Seoul Metropolitan Government to the use of the sales facilities to amusement facilities.
C. On September 9, 2010, D notified the Plaintiff of his intention to terminate the instant lease without renewal on or around October 2010, which is the termination date of the instant lease agreement, and the Plaintiff also responded to the Plaintiff’s intention to terminate the instant lease agreement as of October 31, 2015.
However, after October 31, 2015, the Defendant’s possession and use continued. The Plaintiff demanded the Defendant to deliver the instant commercial building to the Defendant and agreed with the Defendant to leave the instant commercial building on or around March 14, 2015, and the Defendant was handed over the instant commercial building on or around April 2015.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 5 (including a provisional number; hereinafter the same shall apply), the fact-finding results to the head of Dongdaemun-gu Office, the witness E's testimony, and the purport of the whole pleadings.