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1. The Defendant’s KRW 6,38,021 against the Plaintiffs and 5% per annum from March 8, 2016 to June 3, 2016.
Reasons
1. Determination on the cause of the claim
A. (1) On March 19, 2015, the Plaintiffs completed the registration of ownership transfer with respect to each of the 1/2 shares among D & D, Daegu-gun, Daegu-gun (hereinafter “instant site”) and the two-story reinforced concrete roof, detached houses, and Class II neighborhood living facilities (hereinafter “instant building”).
(2) The Defendant is the instant store with a 154.16 square meters or less of the 1st floor among the instant buildings from E on May 17, 2010.
(3) From June 1, 2010 to May 31, 2011, the term of the lease was set at KRW 20 million, KRW 100,000,000 per month, and the term of the lease was renewed four times, and the term of the contract expires on May 31, 2015. The Defendant continued to occupy the instant store and operate the instant restaurant even after the said term of the lease expires, and delivered the instant store to the Plaintiffs on December 13, 2015. (3) On the instant site, the line connected each point of the separate drawing indication 1,23,4, and1 among the instant land (hereinafter referred to as “the instant unauthorized building without permission by the Defendant on the ground of Section 20 square meters”).
(4) From June 1, 2015 to December 13, 2015, the amount equivalent to the rent for the instant store is KRW 987,30 per month. [Grounds for recognition] There was no dispute, Gap 1 through 5, Eul 4 (each description and image of each item including number, and the result of the appraiser F’s fee appraisal of appraiserF, the purport of the entire pleadings as a whole.
B. According to the above fact-finding, even though the lease contract on the instant store was terminated on May 31, 2015, the Defendant occupied and used the instant store until December 13, 2015, and the Defendant, as such, occupied and used the instant store by December 13, 2015, the Defendant, from June 1, 2015, delivered the instant store to the Plaintiffs from June 1, 2015 to December 13, 2015, total of KRW 6,338,021 = 987,330 x 987,330 x 6 months x 93/30 x 13/31 x 13/31.