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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
Basic Facts
A. On February 26, 2014, the Defendant purchased buildings of 1.3 billion won in total from Nonparty C and D, E-si, Chuncheon to 942 square meters and its ground (hereinafter “E land and pentine”)
(hereinafter “instant sales contract”). B.
However, the above E land and penta are partly adjacent to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “G land and penta”) and are sharing convenience facilities necessary for the operation of penta.
C. On February 26, 2014, the date of the instant sales contract, the Plaintiff and the Defendant agreed to pay the Plaintiff the monthly rent of KRW 6 million (hereinafter “instant lease contract, although the parties are not clearly named as lease, the Plaintiff agreed to allow the Plaintiff to use and benefit from the F land and the pention, and the Defendant agreed to pay KRW 6 million monthly rent for the use of and benefit from the land, which constitutes a lease contract.” In the context of the instant sales contract, the Plaintiff stated that “the operation of pentry shall be the Defendant by the end of February 2017, and the Plaintiff shall be paid KRW 6 million including the G land and building rent, regardless of benefits.”
Since then, the defendant occupied and used G land and pentle, but only paid rent until June 2014, but did not pay the following rent.
[Grounds for recognition] The Defendant is obligated to pay the Plaintiff a monthly rent of KRW 6 million pursuant to the instant lease agreement, as seen earlier, to determine whether there was no dispute, the entry of Gap evidence Nos. 1 through 3 (including the number of branch numbers; hereinafter the same shall apply) and the grounds for the entire argument, but the Plaintiff is obligated to pay a monthly rent of KRW 6 million from July 2014. Thus, the Plaintiff may terminate the instant lease agreement in accordance with Article 640 of the Civil Act.