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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid next shall be cancelled.
Reasons
1. Basic facts
A. On December 24, 2007, the Plaintiff, the public interest company (the trade name before the change: A.I.D.), and the KC Industry Development Co., Ltd. concluded a real estate disposal trust agreement on D buildings located in the wife population C and one parcel of land, and accordingly, on December 27, 2007, on December 27, 2007, the ownership transfer registration under the Plaintiff’s name was completed on December 24, 2007 as to the above building Nos. 901 through 911 (hereinafter “instant store”).
B. On April 30, 2012, between the Plaintiff and the Codefendant A (hereinafter “A”) of the first instance trial, the Plaintiff leased the instant store to A; however, from June 1, 2012 to November 30, 2013, the lease deposit amount of KRW 50,000,000 for the rent of KRW 11,00,000 for the monthly rent of KRW 11,000 for the period from June 1, 2012, and from December 1, 2013 to May 31, 2014, the lease deposit amount of KRW 100,000 for the rent of KRW 18,000 for the month rent of KRW 18,00,000 for the period from May 31, 2014 (Additional tax for the rent of KRW 100 for the year from delay.
(hereinafter “instant lease agreement”). C.
A paid only KRW 5,00,000 among KRW 50,000,000 under the instant lease agreement to the Plaintiff, and did not pay the remainder of the lease deposit and the rent.
Accordingly, on December 14, 2012, the Plaintiff terminated the instant lease agreement on the grounds of lease deposit and delinquency in rent, and sent a content-certified mail requesting the Plaintiff to deliver the instant store by December 18, 2012, and the said content-certified mail reached A on December 15, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion (a) is between the Plaintiff and the Plaintiff with the aim of operating the F in the name of F at the instant store from December 23, 2011.