건물인도 등
The Defendant, as the Plaintiff
A. Of the two floors of the real estate listed in the attached list, the Attached Form No. 2, 3, 4, 5, 8, 7, 9, 10, 2.
1. Facts of recognition;
A. On May 5, 2019, the Plaintiff leased approximately KRW 214.8 square meters in the part of “A” (hereinafter “instant store”) connected in sequence of the two floors of real estate listed in the separate sheet owned by the Plaintiff, among the two floors of real estate listed in the separate sheet owned by the Plaintiff, to the Defendant, as follows.
(1) Deposits: 30,000 won for monthly rent of KRW 3.10,00,000 for monthly rent of KRW 3,200,000 for annual rent of KRW 1.3,20,000 for annual rent of KRW (the payment shall be made on the fifth day of each month on the payment date, and the value-added tax separately).
B. The Defendant paid only monthly rent until September 5, 2019, and thereafter delayed payment of rent and management expenses. On December 6, 2019, the Plaintiff notified the termination of the lease on the ground of the Defendant’s delinquency in rent for three months, and the content-certified mail containing the Plaintiff’s intent to terminate the lease reached the Defendant around that time.
[Reasons for Recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the facts of the above recognition, the above lease contract between the original defendant on the store of this case was lawfully terminated upon the plaintiff's declaration of intention to terminate the contract on the ground of rent annual system for more than three months by the defendant.
I would like to say.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff upon restitution, and pay to the Plaintiff the amount calculated by applying the ratio of KRW 32,670,000 (=3,630,000) total of the rent and management expenses that have not been paid by adding value-added tax for the nine-month period from September 6, 2019 to June 5, 2020 and the value-added tax raised pursuant to the contract from June 6, 2020 to the completion date of delivery of the instant store (=3,740,000 won), including the rent and management expenses of KRW 3,740,000 (= KRW 200,000 for management expenses of KRW 3,200,000 for rent and management expenses of KRW 200,000).
3. The plaintiff's claim of this case is with merit, and it is so decided as per Disposition.