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1. Payment of money among the part on the principal lawsuit of the first instance judgment, including the expansion of the purport of the claim in the Plaintiff’s trial.
Reasons
Basic Facts
On April 7, 2010, the Plaintiff, including the conclusion of the instant lease agreement, concluded a lease agreement with the Defendant on April 7, 2010 on the following terms: (a) the land 109.48 square meters and 116.85 square meters (hereinafter “the instant building part”) among the buildings indicated in the attached Table List of Real Estate (hereinafter “instant building”) with the Defendant as his husband’s agent; (b) on the same day, the Defendant paid the Plaintiff KRW 30,000,000 out of the deposit for lease.
On May 10, 2010 to May 10, 2015, Article 4 of the instant lease agreement provides that the lessor may terminate the instant lease agreement if the lessee fails to pay the rent on at least two occasions on May 9, 2015, and Article 9 of the said special agreement provides that the lessee shall have the right to restore to its original state on the first floor (the first floor boiler) above the present facilities.
On May 10, 2010, the Plaintiff delivered the instant building part to the Defendant, and the Defendant paid the remainder of the deposit deposit KRW 40,000,000 to the Plaintiff on the same day. From June 2010, the Plaintiff operated a public bath restaurant in the said building part.
The Defendant, including the arrears of rent, paid the Plaintiff the monthly rent from May 10, 201 to May 9, 201, and the three-time management expenses during the period from May 10, 201 to December 12, 201, did not pay the following monthly rent and management expenses. On July 25, 2012, the Defendant suspended the above restaurant business.
Meanwhile, the Defendant suspended the restaurant business as above, and delivered the instant building part to the Plaintiff on December 6, 2013.
Around May 2010, the Defendant imposed a charge for compelling execution on the first floor of the instant building, which was built to do straws, etc., and the head of Sungnam-si, Sungnam-si, the said construction is in violation of the Building Act.