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1.The judgment of the first instance, including the reduction of claims in the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a party’s position 1) The Plaintiff’s “A” located on the H ground of Ulsan-gu, Ulsan-gu (hereinafter “instant commercial building”).
(2) The Defendant is a non-corporate company established for the purpose of managing, etc. of the instant commercial building, and is operating the call text (hereinafter “instant call text”) under the trade name of “J call text” from among the instant commercial buildings, and was in office as the Plaintiff’s chairperson from around 2012 to March 2014.
B. On May 207, the Plaintiff and the Defendant’s family members, including the preparation of each lease contract in the name of the Defendant and the Defendant’s family members, taken over the status of lessee in relation to the instant store from the former lessee of the instant store from C around May 2007. After that, around January 17, 2008, the Plaintiff stated the instant store as the “general management expenses” in the lease deposit amount of KRW 40,000,000, and the rent lease contract of KRW 40,000 in the name of the Plaintiff and the Defendant’s family members, but it seems that it is a tea. The same applies to other lease contracts. The Plaintiff and the deceased’s name (hereinafter “instant lease contract”). The lease contract of KRW 4,00,000 and the term of lease was set from January 28, 207 to January 27, 2009.
A) Around that time, the Defendant paid the Plaintiff KRW 40,00,000,00 of the lease deposit under the instant lease contract. (2) On September 8, 2009, the Plaintiff again concluded a lease agreement under the name of the Plaintiff and the deceased D (hereinafter “instant lease agreement”) with the effect that the Plaintiff leased the instant store to the deceased D by setting the lease deposit amount of KRW 40,000,000,000, monthly rent of KRW 4,600,000, and the lease term of KRW 4,60,000, from January 28, 2009 to January 27, 2011.
3. On October 24, 2012, the Plaintiff and the Defendant: (a) the Plaintiff leased the instant store to the Defendant by setting the lease deposit amount of KRW 40,00,000; (b) monthly rent of KRW 4,600,000; and (c) the term of lease from January 28, 201 to January 27, 2013.