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1. The defendant
(a) deliver the buildings listed in the separate sheet;
(b) As from May 4, 2016, KRW 1,400,00 and above.
Reasons
1. Facts of recognition;
A. On September 2015, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that the building indicated in the attached list (hereinafter “instant building”) was leased as deposit 2,00,000,000 won, monthly rent 280,000 won, and the term of lease from September 4, 2015 to September 3, 2016 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant building to the Defendant.
B. The Defendant paid 840,000 won (=280,000 won x 3) in total, each of the 280,000 won on October 31, 2015, November 17, 2015, and February 22, 2016, to the Plaintiff as the rent for the instant building.
C. On January 5, 2016 and May 15, 2016, the Plaintiff sent to the Defendant a certificate of the purport that the instant lease agreement will be terminated on the grounds of delinquency in rent. On May 13, 2016, the Plaintiff filed the instant lawsuit seeking delivery, etc. of the instant building on the grounds of delinquency in rent by the Defendant. The duplicate of the instant complaint was served on the Defendant on May 24, 2016.
The Defendant did not pay the Plaintiff a car close to the closing date of the instant argument and actually used the instant building without paying it to the Plaintiff.
E. The sum of rent of KRW 2,240,00 for the instant building up to May 3, 2016 (=280,000 x 8 months (from September 4, 2015 to May 3, 2016) minus the above KRW 840,00 that the Defendant had already paid to the Plaintiff is KRW 1,40,000 (=2,240,000 -840,000).
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 2 (including each number in the case of additional number), the purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s nonperformance of the obligation to pay rent.
Therefore, the defendant delivers the building of this case to the plaintiff, and the rent of 1,400,000 won payable to the plaintiff and the rate of 280,000 won per month from May 4, 2016 to the completion date of delivery of the building.