beta
Text
1. Defendant C:
(a) deliver the buildings listed in the separate sheet;
(b) 17,600,000 won and October 5, 2019.
Reasons
1. Facts of recognition;
A. On July 2014, the Plaintiff entered into a lease agreement with Defendant C as to the instant building with the term of KRW 10,000,000, monthly rent of KRW 800,000, and the term of lease from August 5, 2014 to August 4, 2016 (hereinafter “instant lease agreement”), and around that time, delivered the instant building to Defendant C.
B. On August 4, 2016, the Plaintiff and Defendant C agreed to reduce the monthly rent to KRW 700,000 by KRW 700,000, and to reduce the monthly rent from August 5, 2019 to KRW 600,000.
C. From the conclusion of the instant lease agreement to September 5, 2019, the unpaid amount out of the monthly rent to be paid by Defendant C to the Plaintiff is KRW 17,600,000, and the Plaintiff notified Defendant C of the termination of the instant lease agreement on the grounds of the foregoing delinquency in rent around September 5, 2019.
As of the closing date of pleadings, Defendant C did not deliver the instant building to the Plaintiff, and Defendant C’s parent, E and F reside in the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the determination as to the claim against Defendant C, the instant lease agreement is deemed to have been lawfully terminated on September 5, 2019 on the grounds of the delinquency in rent equivalent to the aggregate of KRW 17,600,000,000, and Defendant C did not deliver the instant building to the Plaintiff after the termination of the instant lease agreement. As the Plaintiff did not deliver the instant building to the Plaintiff after the termination date of the instant lease agreement, the Plaintiff would incur damages equivalent to the amount calculated by the ratio of KRW 600,000, the monthly rent, which is the amount equivalent to the instant building, from the termination date of the instant lease agreement, to the time the instant building was delivered. As such, Defendant C is obligated to deliver the instant building to the Plaintiff, and the unpaid rent of KRW 17,60,000,000, and after the termination date of the instant lease agreement, the amount of KRW 600,000,000, Oct. 5, 2019.