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1. The part of the judgment of the first instance against the defendant shall be revoked.
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Basic facts: (a) On July 29, 2016, the Plaintiff: (b) on July 29, 2016, the Defendant: (a) on the Do Government-si, the 7th floor of reinforced concrete slab roof; (b) the 1st floor-30.27 square meters underground; (c) the parking lot of 1st floor-330.19 square meters underground; (d) Class 1 neighborhood living facilities; (d) Class 1 neighborhood living facilities of 331.46 square meters on the 2nd floor; (e) Class 2 neighborhood living facilities of 332.91 square meters at 332.91 square meters; (e) Class 1 neighborhood living facilities of 7th floor; (e) Class 2 neighborhood living facilities of 82.89 square meters at the 7th floor; (e) the water tank room; (e) the 2-23.76th floor of 197 square meters underground; and (e) the lessee’s lease contract from 200.262.7 billion won.
Around that time, the Plaintiff delivered the instant building to the Defendant, and the Defendant paid KRW 200 million to the Plaintiff the lease deposit.
② On August 1, 2016, the Defendant completed business registration from the instant building with the trade name of C Hospital and started to operate the hospital.
③ On August 29, 2016, the Defendant paid KRW 35 million to the Plaintiff on August 2016. However, on December 7, 2016, the Plaintiff did not pay monthly rent of September 9, 10, and November. On December 7, 2016, the Plaintiff transferred to E, who is one’s husband, the claim amounting to KRW 1.5 million in the aggregate of monthly rent of November 9, 2016, and the Defendant, within the meaning of accepting the transfer of the above claim, issued a certificate of borrowing that was determined on May 29, 2017.
④ Subsequent to that, the Defendant did not pay KRW 35 million for December 2016, and did not pay KRW 15 million for the monthly rent of January 5, 2017 (as well as KRW 10 million for each of January 16, 2017), and did not pay KRW 35 million for February 2017. The Plaintiff concluded the instant lease agreement on March 7, 2017 on the ground that the Defendant was unpaid monthly rent.