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1. The Defendant’s KRW 5,00,000 and annual interest thereon from May 28, 2016 to November 2, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an owner of one half-half of each of the two-storys of CJ 271 square meters and 31.7 square meters for business of a bluorial bluorial bluorial bluorial bluorial bluorial bluorial bluorial bluorial bluorial bluorial bluorial bluorial 24.79 square meters, and 24.79 square meters for two floors (attached Form 1, 2, 3, 14, 9, 10, 11, 12, and 12; hereinafter “instant building”).
B. The part on the ship connected each point of 3, 4, 5, 6, 7, 8, 9, 14, and 3 of the Class I neighborhood living facilities (retailing stores) 1, 154.675 square meters (attached Form No. 3, 4, 5, 6, 7, 8, 9, 14, and 3; hereinafter “unauthorized extension portion”) on the instant building without permission was extended. The general building ledger of the instant building and the copy of the register of the building of this case did not reflect the above unauthorized extension portion.
C. On June 7, 2013, the Plaintiff entered into a lease agreement with the Defendant on the premise that the part on the ship connected in order to each point of 1,2,3,14,13,12, and 1 of the instant building (hereinafter “instant store”) was not set the lease term, and that the lease deposit is set at KRW 5 million per annum, and the rent is set at KRW 5 million per annum (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid the Defendant KRW 10 million per annum with the lease deposit and annual rent.
Around July 2013, the Plaintiff entered into a D agency contract with Indif Co., Ltd. (hereinafter referred to as “Indif”), paid KRW 20 million on July 29, 2013 to Indif, and paid KRW 15 million on August 1, 2013, and registered the business as of August 2, 2013, and operated D’s clothing store at the instant store.
E. The original Defendant decided to increase the deposit amount of the instant lease agreement as KRW 6 million, and KRW 6 million per annum. On July 15, 2014, the Plaintiff paid annual rent of KRW 6 million to the Defendant and paid the additional lease deposit on January 2015.
F. The Defendant extended the instant building from Kim Jong-si on October 14, 2014 without permission.