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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From January 1, 2018, the above-mentioned A
subsection (b).
Reasons
1. Basic facts
A. On April 30, 2017, the Plaintiff concluded a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) as follows:
(hereinafter “instant lease agreement”). - Period: from February 28, 2017 to February 27, 2019: - Lease deposit: KRW 20,000: KRW 20,000 per month: - Termination of the contract (Article 4): 2,50,000 per month; the lessee’s delayed amount falls short of the lessee’s rent for a three-year period or violates Article 3 (Change of Use and Sub-lease, etc.).
- Termination of a contract (Article 5): If a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.
B. Even though the Defendant occupied and used the instant real estate since the conclusion of the instant lease agreement, it did not fully pay the Plaintiff the rent under the instant lease agreement.
C. Accordingly, the Plaintiff expressed to the Defendant through the duplicate of the instant complaint that the instant lease contract is terminated on the grounds of the delinquency in rent, and the duplicate of the complaint reached the Defendant on July 16, 2018.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination:
A. Comprehensively taking account of the circumstances acknowledged prior to the determination as to the cause of the claim, the instant lease agreement is deemed to have been terminated upon the arrival of the Defendant of the duplicate of the instant complaint containing the Plaintiff’s declaration of termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent of not less than three years. Therefore, the Defendant may deliver the instant real estate, which is the leased object, to the Plaintiff, and be deducted from the lease deposit amount of KRW 20 million.