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1. The Plaintiff:
A. The Defendants are each indicated in the separate sheet No. 1, 2, 3, 4, and 1 among the buildings listed in the separate sheet.
Reasons
1. Basic facts
A. On July 7, 2011, the Plaintiff leased to Defendant B, among the third floors of multi-family houses listed in the attached Table No. 1, 2, 3, 4, and 1, the portion (B) part (hereinafter referred to as “instant building”) of 25.05 square meters (hereinafter referred to as “instant building”) connected with each point in the attached Table No. 1, 2, 3, 4, and 1, among the third floors of multi-family houses listed in the attached Table No. 3, the lease deposit was determined and leased from July 10, 201 to July 9, 2013.
(hereinafter “instant lease agreement”). B.
Defendant B paid the above lease deposit to the Plaintiff and received the instant building delivery and possessed with Defendant C.
C. However, Defendant B did not pay the monthly rent for the reason of the defect in the instant building from the time of occupancy to the date of the occupancy. On January 31, 2012, the Plaintiff, by means of content-certified mail, declared the Defendants to terminate the instant lease agreement on the grounds of more than twice of rent, and the said declaration of intent reached the Defendants on February 2, 2012.
The sum of monthly rents in arrears for the period of 13 months from the time Defendant B moved in to August 9, 2012 from the time of the closing of argument in this case is 5850,000 won (=400,000 x 13 months). Here, 850,000 won would remain if the rental deposit is deducted from 5 million won.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the instant lease was terminated by the Plaintiff’s declaration of termination on February 2, 2012.
Therefore, the defendants are obligated to deliver the building of this case to the plaintiff (at least by delivery of the complaint of this case).
Meanwhile, Defendant B is obligated to continuously occupy the instant building without any title despite the termination of the lease agreement. As seen earlier, Defendant B is obligated to pay KRW 850,000 (=550,000 won in arrears) from July 10, 201 to August 9, 2012, deducting deposit of KRW 5 million, and further, from August 10, 2012, Defendant B is obligated to pay the overdue rent of KRW 8.5 million (=55 million).