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1. The defendant shall be the plaintiff.
A. Of the real estate 1st floor 227.52 square meters in the attached list, the current status of the attached building shall also be indicated 1,2,3,4.
Reasons
1. Chief;
A. The Plaintiff’s assertion 1) From around 2002 to the Defendant, the Plaintiff is a portion of 138.52 square meters in the ship connecting each point of the attached Form 1,2,3,4, and 1 among the real estate 1st floor of 227.52 square meters listed in the attached Table list among the real estate 227.52 square meters listed in the attached Table
(B) On December 15, 2017, on the lease date of the instant real estate on December 15, 2017, the monthly rent of KRW 1,100,000 (excluding value-added tax) shall be paid on the 15th day of each month without a rental deposit, and a lease contract the lease period of which is 24 months (hereinafter referred to as the “lease contract”).
(2) On April 12, 2019, the Defendant did not pay the monthly rent of KRW 1,210,000 after paying the monthly rent of KRW 1,210,00.
3) Therefore, the Plaintiff is obligated to deliver the instant lease agreement to the Plaintiff on the ground that the Plaintiff was in arrears for at least two months in monthly rent pursuant to Article 4 of the instant lease agreement. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the amount calculated by the rate of KRW 1,210,000 per month from May 15, 2019 to the completion date of delivery of the said real estate. (B) The Defendant’s assertion 1) The Plaintiff received the value-added tax return request for the return of the instant lease from December 15, 2017 to April 12, 2019 with respect to the lease of the instant lease, which was unfairly received value-added tax 1,870,000 from the Defendant, and the Plaintiff ought to return the said money to the Defendant.
2) The Plaintiff paid KRW 10,00,000 for lease deposit amounting to KRW 10,000 for lease deposit in relation to the instant lease agreement. As such, the Plaintiff ought to pay KRW 10,000,000 to the Defendant simultaneously with the delivery of the instant building. 3) The Defendant requested the payment of repair expenses to the Defendant, as the Defendant spent KRW 13,230,000 in total for repair from March 2002 to 2019 after the lease of the instant real estate, with the cost of electric extension, repair of septic tanks, etc. for repair, and thus, the Plaintiff should pay the said money to the Defendant.
2. Determination:
A. As to the Plaintiff’s assertion, the Defendant rendered judgment on the instant assertion after May 15, 2019.