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1. The defendant shall receive KRW 18,153,070 from the plaintiff and at the same time shall be the real estate stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On November 17, 201, in order to operate a restaurant, the Plaintiff: (a) monthly rent of KRW 2,200,000; (b) monthly rent of KRW 2,200,000; and (c) from December 1, 2011 to November 31, 2021, determined that the Plaintiff leased the “Pidco D” of KRW 1,145 square meters of underground floors among the real estate listed in the attached list from the school foundation C.
B. On October 24, 2014, the Plaintiff entered into a lease agreement (Evidence A) stating that the lease deposit amount of KRW 50,000,000,000 on board (a) part of KRW 39.79 square meters (hereinafter “instant real estate”) connected with the Defendant in sequence with each of the above points shall be 15% of the sales of the Defendant, and the lease period shall be 1 year from October 24, 2014 to October 23, 2015, and the automatic extension shall not exceed five years. However, if the Defendant ceases to exist without the Plaintiff’s approval or delays public charges on three or more occasions, the lease agreement (Evidence A8) shall be terminated.
C. On October 24, 2014, the Defendant registered his/her business with the trade name “E”, and operated the window in the instant real estate, but did not pay rent and public charges equivalent to 15% of the sales amount from August 2015. The Plaintiff expressed to the Defendant that the contract may be terminated inevitably if he/she urged the Defendant to pay rent and public charges on December 30, 2015, and the Plaintiff expressed his/her intent to terminate the contract on August 22, 2016 on the ground of the expiration of the instant lease term.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 11 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination
A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on October 23, 2016, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.