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1. The Plaintiff:
A. Defendant B delivers (1) real estate listed in the separate sheet, and (2) 23,650,000 won and this shall apply.
Reasons
1. Basic facts
A. On September 27, 2012, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) owned by it to Defendant B, and set the lease deposit amount of KRW 70,000,00, monthly rent of KRW 4,300,00 (excluding value-added tax), and the lease period of KRW 4,300,00 (excluding value-added tax) from October 10, 2012 to October 9, 2014.
(hereinafter “instant lease agreement”). B.
Defendant B received the instant real estate from the Plaintiff on October 10, 2012, and thereafter registered the business under the name of Defendant C, the spouse of the instant real estate, and operates a restaurant.
C. On October 5, 2014 and November 3, 2011 of the same year, the Plaintiff notified Defendant B of the content that the Plaintiff sought clarification on the ground that the term of the instant lease was expired, and each of the above notification reached Defendant B around that time.
【In the absence of dispute over the grounds for recognition, the entries in the evidence Nos. 1, 2, 3-1, 2, and 4, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement is deemed to have expired upon the expiration of the period. As such, Defendant B is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff money at the rate of 23,650,000 won (4,730,000 won for October 10, 2014 to March 9, 2015, including value-added tax, and 4,730,000 won for monthly rent including value-added tax x 5 months) from October 10, 2014 to March 9, 2015, from March 25, 2015 to the date of delivery of the copy of the application for modification of the purport of the instant claim, as the Plaintiff seeks, to pay damages for delay at the rate of 20% per annum from March 25, 2015 to the date of delivery of the said real estate. Defendant C is obligated to withdraw from the instant real estate.
B. As to the Defendants’ assertion, the Defendants asserted that the instant real estate was leased to the former lessee and paid the amount of KRW 120,000,000 to the former lessee, and the restaurant is restaurant.