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1. The defendant is against the plaintiffs:
(a) deliver the real estate listed in the separate sheet;
(b)17,437,330 won and this shall apply.
Reasons
1. Basic facts
A. On August 10, 2016, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 340,000 (in addition to value-added tax, payment at the last day of each month) and the lease term of KRW 3,40,000, from August 10, 2016 to July 17, 2017, with respect to the real estate on which the Plaintiffs shared 1/2 shares (hereinafter “instant real estate”).
B. From September 30, 2016, the Defendant began to pay or delay monthly rent, and eventually, around June 30, 2017, the Defendant’s delayed rent amounted to KRW 20,000,000.
C. On June 28, 2017, the Plaintiffs notified the Defendant that “if the Defendant did not pay a vehicle in arrears to the Plaintiffs by July 5, 2017, the instant lease agreement is terminated.” However, even thereafter, the Defendant continues to engage in the PC business on the instant real estate without paying the vehicle to the Plaintiffs at all, until the date of closing argument.
The sum of the overdue rent of the defendant as of October 31, 2017 is 34,960,000 won in total, and the sum of the overdue rent of the defendant is 12,477,330 won in total.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the determination on the termination of the instant lease agreement and the claim part on the delivery of the instant real estate, the instant lease agreement was lawfully terminated and terminated around July 5, 2017 or October 10, 2017 (the delivery date of the copy of the instant complaint containing the purport of the intention of termination) due to the notification of termination by the Plaintiffs on the grounds of rent delay. Thus, the Defendant, a lessee, is obligated to deliver the instant real estate to the Plaintiffs by restitution following the termination of the instant lease agreement.
(b).