건물인도
1. The defendant shall be the plaintiff.
(a) Of the buildings listed in the separate sheet, points of indication A, B, C, D, and A of the separate sheet.
The following facts are not clearly disputed between the parties, or can be acknowledged in Gap's 1-4 evidence (the indication of provisional number omitted) by integrating the whole purport of the pleadings.
On October 22, 2012, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff, setting the lease agreement between KRW 15 million for lease deposit, KRW 1.6 million for monthly rent (excluding value-added tax), and KRW 1.6 million for rent from October 22, 2012 to October 21, 2013 for the leased building, which is located in the attached list owned by the Plaintiff, and the leased building was handed over to the Defendant.
The lease between the plaintiff and the defendant has been renewed later.
The Defendant did not pay the rent from September 22, 2016. On February 7, 2017, the Plaintiff notified the Defendant of the termination of the lease on the grounds of overdue rent for at least three (3) years. The notification reached the Defendant around that time.
According to the above facts, the lease between the Plaintiff and the Defendant terminated by the termination of the lease due to the delay in rent for at least three years, barring any special circumstances.
Therefore, the Defendant is obligated to deliver the leased building to the Plaintiff, and pay the amount of KRW 17.6 million per month for 13 months from September 22, 2016 to October 21, 2017 (i.e., value-added tax equivalent to KRW 1.6 million) calculated from September 22, 2016 to October 21, 2017 (i.e., KRW 1.680,00,000 (=17.60,000 x 13 months) calculated by subtracting the deposit of KRW 15,00,000,000,000,000 for which the Plaintiff was entitled to deduction from the lease deposit (=2.88,000,000 won) and the amount of money calculated from October 22, 2017 to the completion date of delivery of the leased building.
Although the defendant's assertion as stated in the attached Form, it is difficult to view that the plaintiff's claim based on the termination of the lease due to the delay in rent contains any legal assertion against the plaintiff. Thus, the defendant's argument is examined as before.