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1. The defendant
(a) deliver all the second floor of the building listed in the attached list;
B. 4,620,00 won and May 1, 2020
Reasons
1. Facts of recognition;
A. On May 31, 2012, the Plaintiff was the owner of the real estate indicated in the attached list (designated as C&D development zone around 2010; hereinafter the instant real estate) and leased the entire second floor of the instant real estate to the Defendant (hereinafter the instant store).
The lease contract was renewed on July 16, 2018, with the lease deposit of KRW 35 million, monthly rent of KRW 2.1 million (excluding value-added tax), and the lease term of KRW 15 million until July 15, 2019.
B. From July 2018, the Defendant did not pay a portion of the rent from July 3, 2018, and the Defendant did not pay a total of KRW 14,680,000 (including value-added tax) as of September 30, 2019.
Accordingly, on September 18, 2019, the Plaintiff sent to the Defendant a certificate of content that the above lease contract will be rescinded on the grounds of the delinquency in monthly rent for at least three months.
C. The Defendant paid to the Plaintiff the remainder of KRW 1 million on October 31, 2019, and KRW 15,970,000 on November 1, 2019. However, the payment of KRW 4,620,00 on March 20 and April 201 is overdue.
[Ground of recognition] No dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1-1 and 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the above lease contract was lawfully terminated by the plaintiff's exercise of the right to cancel the lease on the ground of the defendant's delinquency in rent of not less than three months (the expiration of the period), and the defendant shall deliver the store of this case to the plaintiff, and return to the plaintiff the amount equivalent to the rent of 2,310,000 won per month from May 1, 2020 to the completion date of delivery of the store of this case, which is calculated by the ratio of 4,620,000 won per month.
B. On October 31, 2019, the Defendant: (a) agreed to continue to maintain the instant lease agreement on the condition that the Defendant is in arrears until December 31, 2019; and (b) thus, (c) did not accept the Plaintiff’s claim.
According to the evidence No. 2, the plaintiff's side is equivalent to the overdue vehicle, and the plaintiff's side is paid at the latest until the end of December 2019.