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1. The defendant
A. The Plaintiff received KRW 70,000,000 from the Plaintiff, and at the same time, is included in the real estate indicated in the attached Table.
Reasons
1. Basic facts
A. On April 26, 2008, the Defendant entered into a lease contract with C on September 29, 2008 by setting the lease deposit amount of KRW 70,00,00,00 (including value-added tax) and KRW 3,08,00,00 (including value-added tax) on September 29, 2008, and the lease contract was renewed from that time to that time on September 29, 2008, which connects each point of the attached Form No. 1, 2, 3,4, 5, 10, 15, 19, 28, 27, 25, 24, 16, 16, 24, 16, 11, 6, and 1.
B. On February 1, 2018, the Plaintiff purchased the instant real estate, etc. from C and succeeded to the lessor’s status. From this point, the Defendant, from this point of view, did not delay the monthly rent of KRW 3,080,00 and monthly management expenses of KRW 175,00 (including each value-added tax), and the monthly rent and management expenses of KRW 55,35,00 (3,080,000) for the period from February 1, 2018 to June 30, 2019 x 17 months).
C. The Plaintiff expressed his intention to terminate the lease agreement of the instant real estate as the delivery of a duplicate of the instant complaint on the grounds that the Defendant was in arrears with more than two occasions, and was not deducted from the deposit for lease deposit KRW 70,000,000.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3 (including virtual numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to a request for the delivery of a building, the lease contract on the instant real estate was legally terminated as a duplicate of the complaint of this case containing a declaration of intention to terminate the contract on the grounds of the Defendant’s delinquency in rent of more than two years, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff,
As to this, the defendant defense that he could not respond to the plaintiff's claim until he was refunded the lease deposit of KRW 70,000,000,000, the lease deposit for the real estate of this case is KRW 70,000,000, and here, the rent in arrears, etc. is overdue.