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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
The defendant.
Reasons
1. The scope of the judgment in this Court claimed for the revenue of KRW 11,788,876 in the first instance court. The court of first instance accepted only KRW 11,574,619 among them, and dismissed the remainder.
The Defendant appealed against this, and the Plaintiff filed an incidental appeal and added KRW 12,160,00 from February 2, 2015 to May 2016, and the scope of the original judgment is limited to the portion of the cited in the first instance trial and the portion of the claim for profit from February 2, 2015 to May 2016.
2. Basic facts
A. From May 16, 2003, the Plaintiff and the Defendant jointly own three-story buildings located in Mapo-gu Seoul Metropolitan Government C (hereinafter “instant building”) at the ratio of 1/4 shares and 3/4 shares.
B. Around 2003, the Plaintiff entered into an agreement with the Defendant that, while managing the instant building, the Defendant leased the stores in the instant building, received the rent, and the amount equivalent to the Plaintiff’s share ratio out of the remainder of the rent that remains after deducting the management expenses from the received rent, shall be settled quarterly every quarter and paid to the Plaintiff on the last day of each quarter.
C. The Defendant paid 160,000 won to the manager of the instant building every month.
The Defendant entered into a lease agreement with D around September 17, 201 on the deposit amount of KRW 60,000,000 and the lease period of the third floor of the instant building from October 1, 201 to October 1, 2012, and received KRW 60,000,000 from D around that time.
However, while E, a lessee of the third floor above, was returned from the Defendant, and as such, D was unable to move into the said third floor because it was not ordered by the Defendant, D rescinded the said lease contract on October 11, 201.
E. On October 11, 201, the Defendant returned KRW 60,000,000, which the Defendant received from D, to October 10, 2012, between D and D, and the Defendant due date for repayment from D.