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1. The defendant shall be the plaintiff.
(a) deliver 84.84 square meters of geographical strata among buildings entered in the indication of attached real estate;
(b) July 2017;
Reasons
1. The following facts can be acknowledged in full view of Gap evidence No. 1 and the purport of the whole pleadings.
On December 14, 2015, the Plaintiff leased a lease deposit of KRW 3 million, monthly rent of KRW 3,50,000,000 from January 9, 2016 to January 8, 2018 (hereinafter referred to as “the lease of this case”) to the Defendant, among the buildings indicated in the attached real estate as indicated in the attached Table, with the lease deposit for KRW 84.84 square meters (hereinafter referred to as “instant building”), and the rent for each month.
9. The amount was to be paid later.
B. The Defendant from January 9, 2016 to the Plaintiff for the same year.
3. 8. up to two months, only rent has been paid.
C. Accordingly, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground of the delinquency in rent for at least two years through the instant complaint.
2. Determination on the cause of the claim
A. According to the above facts, the instant lease agreement was lawfully terminated by the delivery of a copy of the complaint of this case containing the declaration of intention of termination, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff (the Plaintiff asserted that the instant lease agreement was terminated on July 27, 2017, but there is no evidence to acknowledge it.
(2) In addition, the Defendant is obligated to pay to the Plaintiff the unpaid rent of KRW 2,814,516 and its delay damages, monthly rent of KRW 350,000 from July 28, 2017 to July 28, 2017, or the Defendant’s use of and benefit from the instant building without any legal cause even after the termination of the lease agreement.
① From March 9, 2016 to July 16, 2017, KRW 5.6 million (i.e., KRW 350,000 x 16) (ii) the rent of KRW 214,516 in arrear from July 9, 2017 to July 19, 2017 (i.e., KRW 3., KRW 350,00 x less than KRW 19/31 x less than KRW 19/31), ③ 2,814,516 [i.e., KRW 2,814,516 - KRW 3,000,000 for the lease deposit of this case; and the Plaintiff ①, and ②.