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1. Of the judgment of the court of first instance, the part that was reversed and remanded by the judgment of the court of first instance (the part against the plaintiff in the judgment of the court of first instance).
Reasons
1. The scope of this court’s adjudication was wholly accepted by the Plaintiff seeking the delivery of real estate and the payment of money in the first instance court. Since the Defendant filed an appeal only for the portion of monetary claim, the subject matter of this court’s adjudication is limited to the above portion of monetary claim.
2. Facts of recognition;
A. On April 23, 2010, the Defendant entered into a lease agreement with respect to the lease deposit of KRW 25,00,00,00, monthly rent of KRW 1,870,00 (payment on the last day of each month, value-added tax), management fee of KRW 164,80 (value-added tax), management fee of KRW 164,80 (excluding value-added tax), and lease agreement with the term of April 29 through April 30, 2011 on the attached list (hereinafter “instant building”).
around that time, the defendant paid the lease deposit to C, etc., and operated the real estate brokerage office with the delivery of the instant store along with business registration.
B. In the auction procedure for partition of co-owned property as to the instant building, the Plaintiff acquired ownership on July 30, 2014 after receiving a successful bid of the instant building.
C. Until July 2014, the Defendant did not pay rent and management expenses to C, etc., a lessor, etc., and did not pay a total of KRW 34,951,320, and did not pay rent and management expenses. On July 30, 2014, the Defendant did not pay a continuous rent, etc. even after the Plaintiff acquired ownership.
Therefore, on November 7, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent for at least three years.
From August 1, 2014 to March 31, 2015, the Defendant’s delayed rent, management fee, and unjust enrichment amounting to KRW 17,906,240 in total (=2,238,280 in value-added tax of KRW 187,00 in value-added tax of KRW 164,80 in management fee of KRW 187,00 in value-added tax of KRW 164,80 in total) x value-added tax of KRW 16,480 in total.