beta
Text
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
Reasons
The court's explanation on the instant case is consistent with the reasoning of the judgment of the court of first instance, except for adding the plaintiff's assertion and judgment as follows. Thus, it is acceptable to accept it as it is by the main text of Article 420 of the Civil Procedure
[A] Since the Plaintiff’s assertion is co-ownership of the instant building, the Plaintiff paid monthly rent of KRW 700,000 or KRW 750,000 to Defendant C (one million or KRW 1.4 million per month x 1/2 x 1.4 million for 17 months from February 2012 to June 2013, and paid KRW 70,000 or KRW 750,00 for the pertinent period.
Therefore, from July 2013 to June 29, 2015, the Plaintiff paid an amount equivalent to the aggregate of the rent paid in excess, shall be appropriated to the rent of KRW 750,000 per month from June 29, 2015, which is the termination date of the instant lease contract, and if the unpaid rent is deducted from the lease deposit, the lease deposit to be returned by Defendant C remains. Therefore, the principal claim should be accepted, and Defendant C’s counterclaim claim should be dismissed.
B. Comprehensively taking account of the overall purport of the arguments in the statements and videos Nos. 2, 10, and 11 of the instant lease agreement, the Plaintiff agreed to deposit the rent in full with the Defendant C’s account. The Plaintiff paid the full rent under the instant lease agreement to the Defendant C’s account for 17 months from February 2, 2012 to June 25, 2013, and seized Defendant B’s claim for rent against the Plaintiff on June 25, 2013, it is recognized that the full rent has not been paid. The Plaintiff and the Defendants agreed to perform the Plaintiff’s obligation to pay the rent in full by granting the Plaintiff’s right to receive the rent in full to the Defendant C upon entering into the instant lease agreement. It is reasonable to deem that the Plaintiff and the Defendants agreed to perform the Plaintiff’s obligation to pay the rent in full by granting the Plaintiff’s right to receive the rent in full to the Defendant C.
Therefore, the Plaintiff paid the full rent to Defendant C from February 2, 2012 to June 2013.