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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
(b) KRW 1,500,000 and February 8, 2017
(b).
Reasons
1. Facts of recognition;
A. On June 8, 2015, C entered into a lease agreement with the Defendant on a deposit of KRW 5,00,000, monthly rent of KRW 500,000 (prepaid on June 8, 2015), and from June 8, 2015, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”). At that time, C occupied the instant real estate by delivery, and the Defendant is operating the secondhand in the instant real estate.
B. The Plaintiff purchased the instant real estate from C on September 3, 2016 and completed the registration of ownership transfer on October 4, 2016.
C. Since the Plaintiff purchased the instant real estate and succeeded to C’s lease agreement, the Plaintiff demanded the Defendant to pay the monthly rent, but the Defendant did not pay the monthly rent.
Accordingly, on December 21, 2016, the Plaintiff sent to the Defendant a letter verifying that the lease contract is terminated on the grounds of the unpaid rent.
[Reasons for Recognition] Each entry in Gap's Evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, a lease agreement between C and the Defendant was purchased in this case and succeeded to the Plaintiff by completing the registration of ownership transfer. Since the Defendant failed to pay monthly rent, the Plaintiff declared that the lease agreement was terminated, the lease agreement between C and the Defendant was terminated.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. The Defendant asserts that on October 20, 2016, the Plaintiff paid the tea by means of remitting KRW 500,000 from the Defendant’s spouse’s account to the E account designated by the Plaintiff.
However, there was an agreement between the Plaintiff and the Defendant to pay monthly rent by depositing money in the account of E.
or there is no evidence to prove that the plaintiff has requested.
Therefore, the defendant's argument that he paid monthly rent is without merit.
C. The defendant is against the plaintiff.