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1. The Defendant shall deliver to the Plaintiff the part 2 of the attached Form 93.03 square meters indicated in the attached Form among the buildings indicated in the attached Form, and on July 23, 2017.
Reasons
1. Determination on the cause of the claim
A. On February 18, 2013, the Plaintiff: (a) on February 18, 2013, indicated on the attached Form 2, part 93.03 square meters in the attached Form among the buildings indicated on the attached Form (hereinafter “instant real estate”).
A) A contract was entered into between KRW 20 million, KRW 1320,000 per month of rent, and the period from March 21, 2013 to March 20, 2015. A contract was entered into on April 8, 2015 to extend the period from March 20, 2015 to March 20, 2017. (2) The Defendant continued to pay part of the rent and did not pay the Plaintiff at all since January 19, 2017. The last payment was delayed after March 23, 2016 if it was appropriated to the unpaid rent from January 19, 2017.
3) As of February 6, 2017; February 28, 2017; February 28, 2017; March 9, 2017; and March 16, 2017, the Plaintiff sent to the Defendant each proof of the content that the lease contract is terminated on the ground of the delinquency in payment of rent. [In the absence of any dispute over the grounds for recognition; evidence No. 1-2; evidence No. 1-2; and evidence No. 2-1 through 4; and evidence No. 4, respectively, of the following:
B. Therefore, the instant real estate lease agreement was terminated due to the Defendant’s delinquency in payment of rent, and as the Plaintiff seeks, the deposit amount of KRW 20 million was deducted from the overdue rent (21,120,000) from March 23, 2016 to July 22, 2017.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount equivalent to the rent of KRW 1,320,000 per month from July 23, 2017 to the completion of the delivery of the instant real estate.
2. The defendant's defense was in a state where the real estate in this case was not closed, and the defendant newly constructed the room 2 partitions, kitchen facilities, toilets, etc. after concluding a lease contract, and completed the construction work of electricity, others, fishing, painting, lighting, painting, and astronomical repair. Therefore, the plaintiff is a beneficial cost of the above construction cost of KRW 35 million to the defendant.