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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From September 4, 2015, 6,358,370 won and the foregoing.
Reasons
1. Basic facts
A. On April 28, 2014, the Plaintiff entered into a lease agreement between the Defendant and the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 3 million, the lease deposit of KRW 24 months from June 3, 2014, the monthly rent of KRW 300,000 (in addition to value-added tax and the payment on the third day of each month) (hereinafter “instant lease agreement”), and at the time, the lessee agreed to pay the management fee.
B. The Defendant received the said real estate from the Plaintiff on June 3, 2014, but did not pay monthly rent and management expenses up to now, and the overdue management expenses from June 3, 2014 to February 2015 exceeded KRW 1,408,370.
C. On April 1, 2015 and April 21, 2015, the Plaintiff sent a content-certified mail to the effect that the instant lease contract will be terminated without paying the monthly overdue rent to the Defendant, and reached the Defendant around that time.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have terminated by the notification of the termination or the expiration of the period on the ground of the Defendant’s delay of at least two years. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the amount of KRW 4.95 million (including KRW 330,00 x 15 months, value added tax) in arrears until September 3, 2015 and the amount of KRW 1,408,370 in arrears until February 2015, and the amount of KRW 6,358,370 in arrears, calculated by the ratio of KRW 330,000 per month from September 4, 2015 to the completion date of delivery of the said real estate.
B. On June 10, 2014, the Defendant’s judgment on the Defendant’s assertion completed preparation for the use of the said real estate as an office by taking a house into the instant real estate, but the said real estate is not supplied until now, and thus, according to the purpose of lease.