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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From October 1, 2014, the above real estate.
Reasons
1. Basic facts
A. The Defendant leased from the Plaintiff the real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “instant store”) and occupied and used from July 1, 2005.
B. The Plaintiff and the Defendant primarily renewed the lease agreement on a one-year basis, and during that process, the terms and conditions of the lease were modified accordingly. On August 2012, the contract renewal was made with the lease deposit of KRW 15 million, KRW 1,045,00 per month, KRW 1,000 per month, and the period from August 1, 2012, and KRW 12 months from August 1, 2012, the lease term was extended up to July 31, 2014, and the remaining terms and conditions, such as the lease deposit and rent, were modified equally.
(hereinafter referred to as the “instant lease agreement”). [Grounds for recognition] without dispute, Gap 1-6 evidence (including paper numbers), the purport of the entire pleadings.
2. The parties' assertion
A. Since the instant lease agreement on the Plaintiff’s assertion terminated on July 31, 2014, the period of validity expires, the Defendant is obligated to deliver the instant store to the Plaintiff.
B. Since the contract was extended between the Plaintiff and the Defendant as of September 11, 2014, and the lease term accordingly has not expired, the Defendant is not obliged to deliver the instant store to the Plaintiff.
3. Determination
A. 1) The Defendant did not pay the rent before and after the renewal of the lease agreement as seen earlier, and did not pay the rent for ten months as of April 1, 2014. (2) As of April 9, 2014, the Plaintiff notified the Defendant of the fact that, on April 9, 2014, the Plaintiff is bound to take legal measures unless he/she pays the rent in arrears by April 30, 2014.
The defendant did not pay the overdue rent.
3. On August 19, 2014, the Plaintiff re-contracts to the Defendant on September 11, 2014 under the condition that the outstanding amount is paid in full, such as overdue rent, etc.; however, the Plaintiff requires the Defendant to agree to make adjustment and preparation of protocol of settlement in accordance with the reality.