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1. Defendant Siwon Construction Co., Ltd. shall be the Plaintiff from among the buildings listed in the annexed Table 1 list 1, 1, 2.
Reasons
1. Facts of recognition;
A. On January 9, 2017, the Plaintiff entered into a lease agreement with a Siwon Development Co., Ltd. and a part of the first floor and the second floor (hereinafter “instant building”) among the buildings listed in the attached Table 1 (hereinafter “instant building”) with the lease deposit of KRW 3 million, KRW 5 million per month, KRW 5 million per month, and the lease period of KRW 5 million from January 9, 2017.
B. On July 25, 2017, Defendant Siwon Construction Co., Ltd. (hereinafter “Defendant Siwon Construction”) succeeded to the rights and obligations of Siwon Development Co., Ltd. under the said lease agreement, and entered into a lease agreement with the Plaintiff and the instant building, setting the lease deposit amount of KRW 30 million, monthly rent of KRW 500,000,000, and the term of lease from July 25, 2017 to January 8, 2022 (hereinafter “instant lease agreement”), and thereafter sublet the building as set forth in the Disposition No. 2 to Defendant A.
C. From August 2017, Defendant Siwon Construction did not pay KRW 15 million to October 201 of the same year. Accordingly, the Plaintiff notified Defendant Siwon General Construction of the intent to terminate the instant lease by delivering a copy of the instant complaint. Defendant Siwon Construction did not pay the rent even after November 9, 2017.
The comprehensive construction of Siwon is the building mentioned in Paragraph (1) of this Article, and the defendant A occupies the building mentioned in Paragraph (2) of this Article.
[Based on the recognition] Defendant Siwon Construction Corporation: The absence of dispute, each entry of Gap evidence 1 through 3 (including paper numbers), the purport of the whole pleadings, and the purport of the whole pleadings: Defendant A: deemed confession (Articles 208(3)2 and 150(1) of the Civil Procedure Act)
2. Determination
A. According to the facts of the determination on the cause of the claim, the instant lease agreement was lawfully terminated by the delivery of a copy of the complaint of this case containing the Plaintiff’s intent to terminate the lease agreement, and thus, the Defendant Siwon Construction Co., Ltd. delivers the building indicated in Paragraph (1) of this Article, and the above overdue rent of KRW 15 million, and year 2017.