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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a company that is delegated by Seoul Metropolitan Government with the right to occupy and use, and to manage and operate, the shopping mall of underground shopping mallss located in C Group (hereinafter “instant shopping mall”).
B. On April 13, 2009, with respect to 202 among the instant commercial buildings from the Plaintiff, the Defendant: (a) separately determines that the lease deposit is KRW 707,870,000, monthly rent of KRW 64,000, and KRW 64,000 (Separate Standard for Exclusive Use in 201); (b) the term of lease is “construction, and one year from the date of occupancy” (hereinafter “instant lease”); and (c) as to the instant commercial building, the Defendant occupied and used the instant commercial building after being handed over around October 6, 201, where a pre-construction employee was issued.
In addition, on February 3, 2012 from the Plaintiff on December 31, 2013, the Defendant: (a) stipulated each of the following as the lease deposit of KRW 484,820,00 from the Plaintiff on February 3, 2012; (b) KRW 384,820,000 among the instant commercial buildings (i.e., KRW 100,000 shall be paid as a deposit; and (c) the remainder of KRW 384,820,00 shall be converted into a monthly rent); (d) monthly rent of KRW 64,00,000 (the exclusive use area for year 201; and (e) year from the date of occupancy; and (e) one year from the date of lease; and (e) the lease of this case shall be deemed as the lease of this case; and (e) the right and duty of each of the instant lease of this case shall be succeeded to and used until now.
C. However, on March 24, 2014, the Plaintiff was decided to discontinue the rehabilitation procedure (property KRW 3.6 billion, debt KRW 63.4 billion), and on February 2, 2015, on the ground that “it is impossible to implement the rehabilitation plan,” and the lessee did not pay rent, management fee, etc. to the Plaintiff.
The defendant also did not pay some rent and management expenses from July 2015, and the unpaid rent and management expenses concerning 202 among the commercial buildings in this case from September 2015.