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1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter collectively referred to as “instant building”) was owned by the Plaintiff’s father D. On April 4, 2002, C leased the instant building from D on April 4, 2002, and operated “E” with a partition wall and partitions, a built-in type receipt room and chair, and other facilities. On September 2008, the Defendant acquired the instant music private teaching institute in KRW 41,00,000,000 as premium, along with the inside facilities.
B. On September 4, 2008, the Defendant entered into a contract on the lease of the instant building with D deposit of KRW 20,000,000, monthly rent of KRW 1,600,000 from September 4, 2008 to September 3, 2010 (hereinafter “instant lease contract”). Around that time, the Defendant paid KRW 20,000,000 to D and operated the music Private Institutes under the trade name “E” from the instant building.
C. The contents of the instant lease agreement related to the instant case are as follows.
Section 1. The lessee shall pay the above-mentioned rental deposit and rent for the real property as follows:
The rent of 20,000,000 won per day (Won 20,000,000) shall be paid in advance on the fourth day of each month.
Article 5 Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and care for the lessor, and the lessor shall refund the deposit.
Matters of special agreement
1. Voluntary eviction shall be made at the time of arrears of two months;
2. An alteration of internal structure shall be restored to its original state upon the expiration of the lease;
3. The building management expenses shall be according to custom.
The instant lease agreement was implicitly renewed, and D’s inheritor died on June 8, 2014, and the Plaintiff, as D’s inheritor, owned the instant building solely due to inheritance due to a consultation division on June 8, 2014, succeeded to the lessor’s status under the instant lease agreement.
E. The plaintiff and the defendant.