Text
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From January 5, 2014, above A
subsection (b).
Reasons
1. Facts of recognition;
A. On October 4, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate agent C and the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) on behalf of the Defendant, setting the lease deposit amount of KRW 10 million, KRW 1400,000 per month, KRW 1400,000 per month, and the lease term of KRW 12 months, and received KRW 10,000,000 from the said Defendant.
B. On October 4, 2013, the Defendant received the instant real estate from the Plaintiff and has resided in the said real estate until now.
C. From January 5, 2014, the Defendant did not pay the Plaintiff rent to the day.
Accordingly, the Plaintiff expressed his intent to terminate the instant lease agreement on the ground of the following delay at least twice by the Defendant’s delivery of the duplicate of the complaint of this case.
[Ground of recognition] The facts without dispute, Gap evidence No. 1 (the defendant defense to the effect that the above document was forged, but considering the witness Eul's testimony, the defendant delegated the conclusion of the instant lease agreement to Eul which is a licensed real estate agent, and accordingly, Eul prepared the above lease agreement. Thus, the defendant's defense of forgery is not accepted), Gap evidence No. 2, witness's testimony, and the purport of whole pleadings.
2. Determination as to the cause of action
A. According to the above facts, the Defendant is in arrears with the amount of two or more rents, and the fact that the duplicate of the complaint of this case containing an expression of intent to terminate the instant lease agreement on November 20, 2014 was delivered to the Defendant on the ground that it is apparent in the record that the instant lease agreement was lawfully terminated and terminated on November 20, 2014. Accordingly, the Defendant is obliged to deliver the instant real estate to the Plaintiff upon the performance of the duty to restore. 2) Accordingly, the Defendant is out of the lease deposit that the Plaintiff paid to the Plaintiff.