건물인도 등
1. The defendant
A. Of the real estate listed in the attached Form 1, each point of Attached 2(1) through (6), shall be in sequence 1.
On November 10, 2014, the Plaintiff: (a) leased the instant house as KRW 5,00,000, monthly rent of KRW 500,000 (after January 28, 2014) as indicated in the Disposition No. 1 (hereinafter “instant house”); (b) around that time, the Defendant delayed payment of KRW 3,200,00 as of February 24, 2016, when he occupied the instant house by acquiring it from the Plaintiff; (c) on the delivery of the duplicate of the instant complaint, the Plaintiff declared that the lease of the instant house will be terminated on the ground of the Defendant’s second or more occasions; (d) the Defendant reached the Defendant around March 17, 2016, on the basis of the delivery of the duplicate of the instant complaint, and (e) the Defendant did not dispute over the purport that the lease contract was terminated on the instant house between the parties and the closing date of pleadings, or on the aggregate of KRW 16,200,000.
According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination on the ground of the defendant's two or more occasions in arrears, the defendant is obligated to deliver the house of this case to the plaintiff and pay 1,200,000 won in arrears (=3,200,000 won - 2,000 won in arrears) and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 18, 2016 to the date of full payment after the copy of the complaint of this case was served to the defendant. The lease contract of this case has the obligation to pay the plaintiff a 50,000 won in arrears calculated from February 28, 2016 to the date of completion of delivery of the house of this case from February 28, 2016 to the date of completion of delivery of the house of this case.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.