The Plaintiff

A. Defendant B Co., Ltd. is from KRW 30,00,000 to KRW 490,935 and from August 8, 2020 to KRW 30,000.

Facts of recognition

On July 28, 2018, the Plaintiff: (a) leased the instant building owned by the Plaintiff to the Defendant Company KRW 30,000,000 per deposit; (b) KRW 2,486,00 per month (including value added tax; and (c) from August 8, 2018 to August 7, 2020 (hereinafter “the instant lease agreement”). On March 9, 2020, the Plaintiff sent to the Defendant Company a mail proving that the instant lease agreement is terminated on the grounds of overdue rent, and at that time, the Defendant Company was in arrears of December 2019, January 2, 2020, and March 20.

[Ground of recognition] The Plaintiff terminated the instant lease agreement on the ground that the Plaintiff did not pay rent to the Defendant Company, as stated in the evidence Nos. 4 and 5, as well as the purport of the entire argument.

Therefore, the defendant company is obligated to deliver the building of this case to the plaintiff simultaneously with receiving the remaining money after deducting the rent, management fee, or unfair profit equivalent to the same amount of the lease deposit from the plaintiff.

In addition, the defendant C has a duty to leave because it occupies the building of this case owned by the plaintiff without any title.

Judgment

According to the above facts as to the claim against the Defendant Company, the instant lease contract was terminated on or around March 9, 2020.

Therefore, the defendant company is obligated to deliver the building of this case to the plaintiff.

Meanwhile, a lessee’s obligation to return the leased object and the lessor’s obligation to return the remainder of the lease deposit after deducting the lessor’s overdue rent, etc. arising from the termination of the lease agreement, is concurrently performed. The Plaintiff paid the Defendant Company a rent or unfair profit equivalent to the rent from August 7, 2020 after the termination of the lease agreement in this case.

The right to terminate the contract is created for the lessor as long as the lessee is in arrears with the third period of the rent, and the right to terminate the contract of the lessor is repeated for the lessee.