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1. The defendant shall receive KRW 4,120,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.
Reasons
1. Basic facts
A. On August 14, 2010, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff to lease the building listed in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit amount of KRW 3 million, KRW 330,000 per month, KRW 330,000 (including value-added tax), and from September 10, 2010 to September 9, 2012.
(hereinafter “Lease of this case”). (b)
On March 201, the Plaintiff and the Defendant increased the lease deposit of this case to KRW 5 million.
C. After that, the instant lease term was extended by September 9, 2015, and the contract was renewed on September 9, 2015 and September 2, 2016. From December 9, 2016, the rent was increased by KRW 440,00 (including value-added tax) per month.
【Ground for recognition】 The fact that there has been no dispute, Gap 2's evidence, Gap 4-1 and 2's evidence, the purport of the whole pleadings
2. According to the above facts, it is apparent that the lease of this case terminated on September 9, 2017. Thus, barring special circumstances, the Defendant is obligated to deliver the building of this case to the Plaintiff at the same time with the payment of KRW 4,120,000,000 from the Plaintiff, deducting the amount of KRW 5,000,000 to KRW 8,880,000,000, not paid until the date of closing argument of this case. 2) As to this, the Defendant asserted that the Plaintiff and the Defendant concluded a re-contract on January 10, 2017.
On January 10, 2017, the plaintiff asserted that the lease contract (No. 1) submitted by the defendant was prepared because it is necessary to submit a contract in which the rent is increased by 400,000 won for the purpose of tax return. The lease term of the lease contract (No. 1) submitted by the defendant on January 10, 2017 is written on September 9, 2017, which is the last day of the renewed lease term of this case. In the event that the lease deposit and the rent are not increased, the plaintiff's text messages, which was delivered the building of this case by the end of June 2017, are written on February 3, 2017.