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1. The Defendant shall deliver to the Plaintiff each real estate listed in the separate sheet, and each of the above real estate from April 11, 2015.
Reasons
1. Facts of recognition;
A. On August 11, 2014, the Plaintiff entered into a lease agreement with C to lease each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 50,000,000 for the lease term from August 11, 2014 to August 10, 2016, and to lease the lease deposit at KRW 50,000 for the lease deposit, and KRW 2,000 for the rent month.
B. On October 31, 2014, the Plaintiff entered into a sublease contract with the Defendant to sublease each of the instant real estate as KRW 5,000,000 for the sublease deposit, and KRW 3,00,00 for the rent month (payment in advance on November 11, 201) from November 11, 2014 to August 10, 2016 (hereinafter “sublease contract”).
C. Article 7 of the sub-lease contract of this case provides that "if the sub-lessee fails to pay the rent on more than two occasions, the contract shall be terminated." Paragraph 2 of this special agreement provides that the same contract shall not be effective at the same time as the contract of this case is made between the sub-contractor and the sub-lessee."
The defendant occupies and uses each of the real estate of this case until now.
E. On May 21, 2015, the Plaintiff sent to the Defendant a content-certified mail to the effect that “the instant sub-lease contract was terminated on the grounds of the Defendant’s delinquency in rent,” and the duplicate of the instant complaint containing the foregoing was served to the Defendant on January 20, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, significant facts, and purport of the whole pleadings
2. According to the facts of the judgment as to the cause of the Plaintiff’s claim, the sub-lease contract of this case was terminated by the delivery of a copy of the complaint of this case at the latest, and the fact that the Plaintiff was paid the rent by April 10, 2015, barring any special circumstance, the Defendant, a sub-lessee, delivers each of the instant real estate to the Plaintiff, a sub-lessee, and calculated by the ratio of KRW 3,00,000 per month from April 11, 2015 to the delivery date of each of the instant real estate.