1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Facts of recognition;

A. On July 6, 2019, the Plaintiff agreed to the Defendant that the lessor may terminate the lease contract if the amount of the rent in arrears is the amount of the lease deposit of KRW 10 million, the monthly rent of KRW 1.3 million, the lease deposit of KRW 1.3 million, the lease period of KRW 1.3 million (in each month), the lease period of KRW 80,000 (in each month), between July 8, 2019 and July 7, 2021 (hereinafter “instant lease contract”).

(Article 4). (b)

The Plaintiff delivered the instant real estate to the Defendant at the time of the conclusion of the instant lease agreement, and the Defendant paid the lease deposit to the Plaintiff.

C. The Defendant paid KRW 1.3 million to the Plaintiff on July 8, 2019, but did not pay the rent for August 2019 and September.

On October 4, 2019, the Plaintiff sent to the Defendant a content-certified mail stating that “The payment of rent was delayed from August 8, 2019,” and that “the contract will be terminated without adjusting the rent of 3.9 million won and unpaid management expenses for the three-year period until October 8, 2019.”

E. The Defendant paid to the Plaintiff KRW 1.5 million on October 15, 2019, KRW 1.1 million on November 15, 2019, and KRW 1.1 million on November 15, 2019, respectively.

F. On November 8, 2019, the Plaintiff did not pay the rent of KRW 1.3 million after the Defendant first paid the rent of KRW 1.3 million. Thus, the instant lease agreement was terminated on October 8, 2019.

The author argues that this case's real estate delivery lawsuit was filed.

The duplicate of the complaint of this case was served on January 14, 2020 to the defendant.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, and purport of the whole pleadings】

2. According to the above facts of determination, it is reasonable to view that the lease contract of this case was lawfully terminated on January 14, 2020 for the following reasons, and therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

On September 8, 2019, the Defendant’s delayed payment of rent reaches the second rent, and the right to terminate the contract to the Plaintiff pursuant to Article 4 of the instant lease agreement.