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1. The defendant delivers the building indicated in the attached Form to the plaintiff, and KRW 90,000 per month from October 1, 2016 to the completion date of delivery.
Reasons
1. Facts of recognition;
A. On June 1, 2016, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the rental deposit of KRW 10 million, monthly rent of KRW 990,000 (including value-added tax), and the term of the lease from June 1, 2016 to May 30, 2018.
B. The Defendant, in accordance with the instant lease agreement, occupied and used the instant building from the Plaintiff until now, but did not pay part of the deposit to the Plaintiff and did not pay the monthly rent.
C. Article 4 of the instant lease agreement provides that a lessor may immediately terminate the instant lease agreement in a case where the lessee’s delay in rent reaches the amount of two-term rents. The Plaintiff notified the Defendant of his intention to terminate the instant lease by serving a copy of the instant written complaint on October 12, 2016, and the said warden was duly served on the Defendant on October 12, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement is deemed to have been lawfully terminated due to the Defendant’s notice of termination due to the Defendant’s delinquency in payment of rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the amount of money calculated by the ratio of KRW 3960,000 (=90,000 x 4 months) and KRW 990,000 (90,000 x 4 months) unpaid from June 1, 2016 to September 30, 2016 and KRW 990,000 per month from October 1, 2016 to the completion date of delivery
B. As to this, the Defendant could not use electricity due to unpaid electricity charges in the instant building. The Defendant concluded the instant lease agreement with the plan to conduct food service in the instant building. Since it was an unauthorized building and thus did not obtain business registration, it was impossible to pay monthly rent.