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1. The defendant received KRW 9,450,000 from the plaintiff and simultaneously with the plaintiff's real estate stated in the attached Table.
Reasons
1. Basic facts
A. On May 14, 2016, the Plaintiff concluded a lease agreement between the Defendant and the instant commercial building on a deposit of KRW 20 million, monthly rent of KRW 1.5 million, and the lease agreement between July 30, 2016 and July 29, 2019.
(hereinafter “instant lease agreement”). B.
The Defendant paid a security deposit to the Plaintiff pursuant to the above lease agreement and operated a restaurant in the commercial building of this case, but did not pay a rent from July 2017, and the Plaintiff declared that the lease contract of this case is terminated by delivering a copy of the complaint of this case on the grounds of the delinquency in rent for at least three years.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. The portion requested for extradition
A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on February 1, 2018 when the copy of the complaint was delivered due to the Defendant’s delay of rent, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, barring any special circumstance.
B. The Defendant’s defense was asserted to the effect that the Plaintiff had the obligation to deliver the instant commercial building to the Plaintiff at the same time as the deposit was returned from the Plaintiff. In the event of termination of the lease, the obligation of the lessee to deliver the leased object to the lessor, and the lessor to return all the remainder arising until the time when the leased object was delivered, such as the overdue rent, etc., out of the deposit, reaches the due date, and these obligations are in concurrent performance relationship. According to the aforementioned facts, the Plaintiff’s overdue payment from July 1, 2017 to February 1, 2018, calculated by the ratio of KRW 150,0550,000 per month from the date when the lease contract in this case was terminated to February 1, 2018 (7 months x 1.50,050,000 won x 1.50,050,000 won x 1.3 million won (1.5 million won x 1.5 million won).