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1. The defendant shall receive KRW 25,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.
Reasons
1. Assertion and determination
A. In addition to the purport of each statement in Gap evidence Nos. 1 through 4 (including the provisional number), the plaintiff, as the owner of real estate (the apartment in this case) listed in the separate sheet, entered into a lease agreement (the lease agreement in this case) with the defendant on April 21, 2017, setting the above apartment amount of KRW 50 million, KRW 1450,000,000 monthly rent (the 14th day of May), and the period from May 14, 2017 to May 13, 2018 (the lease agreement in this case). The defendant paid only KRW 25,00,000 among the above lease deposit and received the apartment in this case, and agreed to pay the remaining KRW 25,00,000 to the plaintiff by June 14, 2017. However, the defendant did not pay the remainder of the lease deposit by the date of the above agreement, and notified the defendant of the details of the lease agreement in this case and the non-payment thereof to the defendant.
According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's notice of termination at the end of December, 2017. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff at the same time with the payment of 25 million won from the plaintiff as requested by the plaintiff.
B. As to the above, the Defendant asserts that the two-year lease period is guaranteed pursuant to Article 4 of the Housing Lease Protection Act, and that the agreement was made to convert the unpaid deposit into KRW 2.50,000,000,000 on a monthly basis before sending the certificate of contents in December 2017, and that the Plaintiff’s request cannot be complied with as the monthly rent was fully paid by August 2018.
However, the two-year lease term under Article 4 (1) of the Housing Lease Protection Act is only the purpose of guaranteeing a minimum of two-year lease term under the premise of the lessee's obligation.