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1. Defendant B:
(a) deliver the buildings listed in the separate sheet;
B. From August 21, 2016, KRW 3,950,00 and KRW 3,950.
Reasons
1. On January 19, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on a deposit of KRW 1 million, KRW 1.2 million per month of rent (payment on the 20th day of January), and the term of the lease from January 21, 2016 to January 21, 2017, the Plaintiff agreed that the Plaintiff may terminate the said agreement if the overdue interest of the said Defendant reaches the amount of rent for two years of rent.
Defendant B paid KRW 5 million among the deposits under the instant lease agreement, and the remainder of KRW 5 million was paid by February 15, 2016, and, if not, agreed to additionally pay KRW 50,000 per month as the corresponding rent.
However, notwithstanding the above agreement, Defendant B did not pay the remaining deposit amount of KRW 5 million.
Defendant B paid KRW 1.2 million each month of the rent from February to May in accordance with the instant lease agreement, but the remainder of the rent was unpaid.
On the other hand, Defendant C, the spouse of Defendant B, directly occupies the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the amount of delinquency in the rent of Defendant B reaches the amount of two years of rent, and the fact that a duplicate of the complaint of this case containing an expression of intent to terminate the lease contract of this case was delivered to the above Defendant is apparent in the record.
Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff and pay 3,950,000 won (=50,000 won for the unpaid rent between February and May 2016 x 1.250,000 won for the unpaid rent between June and August 2016 x 3 months) and the interest calculated at the rate of 1,250,000 won for each month from August 21, 2016 to the completion date of delivery of the instant building. C, the possessor of the instant building, is the Plaintiff.