A. On December 19, 2015, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to D as the lease deposit amount of KRW 10 million, KRW 70,000 per month, KRW 770,00 per month, and KRW 36 months from December 12, 2015.

B. On December 12, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, under which only the name of the lessee D would be changed to the Defendant, while maintaining the terms and conditions of the said lease agreement, and the Defendant would succeed to the rights and obligations of D under the said lease agreement (hereinafter “instant lease agreement”).

C. The Plaintiff was not paid the tea after October 12, 2017. For this reason, the instant complaint, which contained the Plaintiff’s declaration of intent to terminate the instant lease agreement, was served on the Defendant on January 4, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the rent calculated at the rate of KRW 70,000 per month from November 12, 2018 to the date the delivery of each of the said real estate is completed, as sought by the Plaintiff.

B. The Defendant asserts that since the Defendant used the instant real estate as a store and disbursed KRW 5,000,000 as repair cost, etc., the Defendant cannot deliver the instant real estate before receiving the refund thereof.

The defendant's assertion is without merit, since there is no evidence to prove that the defendant spent KRW 5,00,000 due to the repair cost, etc. of the real estate of this case.

Even if the expenses were incurred as alleged above by the Defendant, according to each of the evidence Nos. 2 and 3, the instant lease contract is terminated.