1. The Defendant paid KRW 65,172,00 to the Plaintiff KRW 5% per annum from May 26, 2016 to April 6, 2018.

1. Basic facts

A. The buildings listed in the attached list (hereinafter “instant building”) owned the Defendant’s share on April 8, 2016, 2293.58, and the Defendant’s three-Nam C owned the Defendant’s share on 277.10/2293.58. However, the Plaintiff, who died on June 27, 1998, was solely inherited the said C’s share and completed the registration of transfer on June 22, 199.

On the other hand, Gangnam-gu Seoul, the site of the building of this case, is owned by the defendant alone.

B. C operated a hall on the second floor (277.10 square meters) of the instant building, and after C died, E, a mother of the Plaintiff, operated a hall on behalf of the Plaintiff who is a minor, transferred the right to manage the second floor of the instant building to the Defendant around March 2005, while managing the second floor of the instant building on behalf of the Plaintiff who is a minor.

C. On November 1, 2005, the Defendant leased the second floor of the instant building to F with a deposit of KRW 150 million and monthly rent of KRW 500,000.

From around 2006 to February 2015, the Defendant paid KRW 5,500,00 to the Plaintiff. However, on January 2006, the Defendant paid KRW 4,100,000 to the Plaintiff, and on May 2008, 2008, the portion on April 201, 201, and April 2013 were not paid.

After that, on August 17, 2015, KRW 3,164,00, KRW 904,00 on October 14, 2015, KRW 452,00 on November 13, 2015, KRW 452,00 on December 452, 200 on December 13, 2015, KRW 452,00 on January 13, 2016, KRW 452,00 on January 13, 2016, KRW 452,00 on December 452, 200 on December 13, 2016, KRW 6,328,00 on March 16, 2016.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, without regard to the management and use of the second floor of the instant building, agreed to pay KRW 5,500,000 per month for the share of the instant building without deducting taxes, public charges, and taxes, and usage fees for the share of the Plaintiff. However, the Defendant paid KRW 5,50,000 per month until February 2015, but thereafter, the Defendant paid KRW 6,328,00 per month until April 2016 (the sum of KRW 4,52,00 per month).