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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
3. An objection to Section 1-C of the judgment of the first instance.
Reasons
1. Basic facts
A. On June 1, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 2 million, the lease deposit amount of KRW 42,00,000 from June 24, 2016 to June 23, 2017, the monthly rent of KRW 230,000 (excluding value-added tax), the management fee of KRW 420,000,000 per month, and the purpose office for use of the real estate in the attached list owned by the Plaintiff (hereinafter “advance lease agreement”), and thereafter, delivered the instant real estate to the Defendant, and the Defendant operated the private teaching institute in the instant real estate.
B. On June 27, 2017, after the expiration of the preceding lease agreement, the Plaintiff entered into a lease agreement with Co-Defendant B on June 27, 2017, setting the lease deposit amount of KRW 2 million with respect to the instant real estate from August 24, 2017 to August 23, 2018, monthly rent of KRW 250,000 (excluding value-added tax), management expenses, monthly management expenses, and usage office (hereinafter referred to as “after-sale lease agreement”). On August 11, 2017, the Defendant removed the instant real estate from the instant real estate, which was used by the Defendant to purchase and sell the instant real estate, such as air conditioners, fences, etc., used by the Defendant in the instant real estate (hereinafter referred to as “instant house”), and the Plaintiff operated the instant real estate from the instant real estate B on August 24, 2017.
C. B did not pay any rent and management expenses from October 2017 to the Plaintiff. On July 4, 2018, the Plaintiff notified the Plaintiff that “The Plaintiff would urge the Plaintiff to pay the remainder set off the deposit during the delayed rent, and the Plaintiff would terminate the future rental agreement as of July 31, 2018 on the ground that the rent is in arrears, and would transfer the instant real estate to the Plaintiff on the same day.” On the same day, the Defendant sent the instant real estate from the instant real estate to July 31, 2018.