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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) KRW 27,400,475 and this shall apply thereto.
Reasons
1. Basic facts
A. On July 18, 2014, the Plaintiff entered into a lease agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 30,000,000, monthly rent of KRW 3,300,000 (including additional tax, monthly payment of KRW 1,300,000), and for the lease period of KRW 48 months (hereinafter “instant lease agreement”), and the said lease agreement stipulated the following matters as a special agreement.
- Restoration after the termination of the lease shall be responsible for by the lessee.
- If the lessee delays a monthly rent for not less than 3 months, the instant lease is terminated, and if the lessee violates this, the lessor may engage in any conduct to suspend the business.
B. From September 2014, the Defendant did not pay a rent under the instant lease agreement.
C. The Plaintiff is 2016
1. 22. 22. The Defendant terminated the instant contract on the grounds of the Defendant’s delinquency in rent, and thus, sent a certificate of content to the effect that the instant real estate is clarified.
Meanwhile, public charges that the Defendant did not pay while occupying the instant real estate are 2,258,540 won in total (=electric tax of KRW 2,053,200 + water rate of KRW 205,340).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings
2. Determination
A. (1) According to the determination on the cause of the claim (1) the above recognition of the claim on the order of a building, overdue rent, and management expenses, the instant lease agreement was lawfully terminated on January 22, 2016 due to the Defendant’s delinquency in rent.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff as restitution upon termination of the lease agreement.
In addition, the Defendant’s total amount of KRW 5,141,935 [3,30,000 x 16 months from September 1, 2014 to December 31, 2015 + 3,300,000 x 22 days/31 days from January 1, 2016 to January 22, 2016] and unpaid management expenses.