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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the annex;
B. From July 1, 2016 to the delivery date of the building.
Reasons
1. Determination as to the cause of claim
A. On July 23, 2014, B: (a) the building indicated in the attached Form (hereinafter “instant building”) to the Defendant
) A lease deposit was leased KRW 5,00,000, KRW 500,000 per month, and period of lease was fixed from July 1, 2014 to June 30, 2016 (hereinafter “instant lease agreement”).
(2) The Defendant did not pay two or more times of arrears until March 15, 2016 while taking over the instant building.
On March 15, 2016, B notified the Defendant that the instant lease contract will be terminated on the ground of the delinquency in rent.
3) On November 17, 2016, the Plaintiff purchased the instant building from B, and completed the registration of ownership transfer on December 12, 2016, and succeeded to the lessor’s status under the instant lease agreement. 4) The Defendant is occupying the instant building until now.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
B. According to the above facts of determination, the instant lease contract was terminated on March 15, 2016 on the grounds of delinquency in the payment of rent for at least two years, and thereafter, the term of lease expired on July 1, 2016, and the Plaintiff succeeded to a lessor status around December 2016, the Defendant is obligated to deliver the instant building to the Plaintiff by restitution to its original state, and pay the amount equivalent to the rent calculated at the rate of KRW 50,000 per month from July 1, 2016 to the delivery date of the said building.
2. Judgment on the defendant's defense
A. First, the Defendant alleged to the effect that “the Defendant agreed to close the interior facilities of the instant building at the time of the instant lease agreement and to use them free of charge for four years,” but there is no evidence to acknowledge this.
B. Next, the defendant spent approximately KRW 80,000,000 to repair the interior facilities of the building of this case, and thus, the plaintiff did not rent KRW 80,000 for four years, the remaining 40,000 after deducting KRW 40,000 for two years from the above KRW 80,000,000.