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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 6, 2016, the Plaintiff leased the instant real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 20,00,000,000 per month (payment on July 7, 2016) and the lease term of KRW 1,00,000 per month (payment on July 7, 2016) and two years from July 7, 2016 to July 6, 2018 (hereinafter “instant lease agreement”), and delivered the instant real estate to the Defendant on July 7, 2016.
B. In order to secure the right to return the lease deposit under the instant lease agreement, the Defendant completed the registration of the establishment of chonsegwon by the Ulsan District Court No. 130285, July 8, 2016 regarding the instant real estate.
C. Since the Defendant paid the rent for 16 months following the conclusion of the instant lease agreement (the rent up to October 2017), the Plaintiff expressed to the Defendant his/her intent to terminate the lease agreement on the ground that the amount in arrears falls under the amount of rent for 2 years by serving the duplicate of the instant complaint, and the duplicate of the instant complaint reached the Defendant on November 24, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on November 24, 2018.
As such, the Defendant is obliged to pay the Plaintiff the remainder after deducting the difference calculated by the rate of KRW 1,00,000 per month from November 7, 2017 to the completion date of delivery of real estate in the annexed sheet from the amount of KRW 20,000,000 from the lease deposit amount of KRW 20,000, and simultaneously deliver the real estate in the annexed sheet to the Plaintiff, and implement the procedure for cancellation registration of the registration of chonsegwon completed as of July 8, 2016 by the Ulsan District Court No. 130285.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is without merit.