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1. The Defendants are to the Plaintiff:
(a) deliver the real estate listed in the separate sheet;
(b) Jointly start on September 17, 2017.
Reasons
Basic Facts
On June 5, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendants on the condition that deposit 50 million won, monthly rent 1,200,000 won, monthly rent 17 days after July 17, 2016, and the lease period from July 17, 2018 to July 17, 2018 (hereinafter “instant lease contract”). The Defendants were transferred the instant building and have resided until now, and the Defendants were in arrears for six months from October 17, 2016 to March 16, 207. The Plaintiff’s proof that the instant lease contract is terminated on the grounds that the Defendants’ arrears were sent to the Defendants on January 2, 2017, and thus the Defendants did not reach a dispute between the parties concerned or the entire pleadings.
According to the above facts of determination as to the cause of claim, it is reasonable to view that the instant lease agreement was lawfully terminated due to the Plaintiff’s notice of termination on the ground of the delinquency in rent for more than two years by the Defendants. Therefore, the Defendants are obliged to deliver the instant building to the Plaintiff.
Next, there is no dispute between the parties that the Defendants paid the rent in arrears and the full amount equivalent to the rent in arrears until September 11, 2017, and September 16, 2017. Therefore, the Defendants are jointly obligated to jointly pay to the Plaintiff the amount equivalent to the rent in arrears calculated at the rate of KRW 1,200,000 per month from September 17, 2017 to the completion date of delivery of the instant building.
The Defendants asserted as to the Defendants’ assertion that there is no difference in arrears at present by making full repayment of the difference in arrears. However, in accordance with Article 640 of the Civil Act, the lessor may terminate the contract at any time when the delayed amount of rent by the lessee falls short of the amount of rent by the second period, and the lessee paid the delayed amount thereafter.
The lessor's right to terminate the contract is already established.