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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked.
Reasons
1. Facts of recognition;
A. On February 22, 2010, Homato2 Savings Bank Co., Ltd. (hereinafter “tomato2 Savings Bank”) purchased the instant building (hereinafter “the instant building”) from the compulsory auction procedure (Saongyang Branch C; hereinafter “instant auction procedure”) for the compulsory auction (hereinafter “instant auction procedure”).
B. On June 7, 2010, the Saturdays 2 Savings Bank concluded a lease agreement with the Defendant on the part 104 (hereinafter “instant store”) of the instant building as KRW 10,000,000, and from June 1, 2010 to December 31, 201 of the same year, from June 1, 2010 to December 31, 201 of the same year (hereinafter “instant lease agreement”).
C. Since the Defendant did not pay the rent for July 2010 of the instant store, only a part of the monthly rent was paid or not paid at all.
The total rent payable until February 27, 2014 is KRW 28,335,808.
On April 30, 2013, the Homato2 Savings Bank was declared bankrupt (this Court 2013Hahap55), and the plaintiff was appointed as the trustee in bankruptcy.
E. On November 27, 2013, the Plaintiff sold the instant building, and completed the registration of ownership transfer to the purchaser on February 27, 2014.
F. On March 4, 2014, the Plaintiff notified the Defendant that KRW 10,00,000 of the Defendant’s deposit for the lease of the instant store was fully deducted from the unpaid rent of KRW 28,335,808 until February 27, 2014, and sent a content-certified mail demanding payment of KRW 18,335,808 for the remainder of the unpaid rent.
The defendant for the same year
3.5. Receiving this content-certified mail;
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 18,335,808 and the delay damages therefor.
B. Judgment on the Defendant’s assertion (1) The Defendant’s assertion is March 2008.