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1. The defendant
(a) deliver the buildings listed in the annex;
(b)payment of KRW 15,260,000;
C. On July 2, 2016
Reasons
1. Facts of recognition;
A. On September 7, 2012, the Defendant entered into a lease agreement with C on a deposit of KRW 20,000,000 per month, KRW 1,500,000 per month of rent (excluding value-added tax on the first day of each month), management expenses monthly, KRW 20,000 per month, and the lease period from October 1, 201 to October 1, 2014 (hereinafter “instant lease agreement”).
B. On October 25, 2014, the Plaintiff received the instant building from C, and completed the registration of ownership transfer with respect to the instant building on November 10, 2014, and succeeded to the lessor’s status under the instant lease agreement.
C. As of July 1, 2016, the Defendant did not pay KRW 15,260,000 out of the monthly rent and management expenses until June 2016, which the Defendant had to pay.
Meanwhile, Article 4 of the instant lease agreement provides that “If a lessee fails to pay rent more than twice, the lessor may terminate the instant contract.”
C On August 5, 2015 and September 3, 2015, notified the Defendant that the instant lease contract will be terminated on the grounds of delinquency in rent, and reached the Defendant around that time.
In addition, the plaintiff expressed in the complaint of this case the intention to terminate the lease contract of this case due to the defendant's delinquency in rent.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, and Gap evidence 4, the purport of the whole pleadings
2. According to the above facts finding, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in rent.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, pay the unpaid rent of KRW 15,260,00,000, and pay the money calculated at the rate of KRW 1,520,000 per month as requested by the plaintiff within the scope of the monthly rent from July 2, 2016 to the completion date of delivery of the building of this case.
3. Thus, the plaintiff's claim can be accepted.