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1. The defendant shall indicate to the plaintiff the annexed drawings among the first floor of the underground floors of the real estate indicated in the annexed real estate.
Reasons
1. The following facts can be acknowledged in light of Gap's evidence 2, 3, 5, 7, and 9, and the purport of Gap's testimony as a whole.
In order to operate a restaurant, on November 17, 201, the Plaintiff leased 1,145 square meters (hereinafter referred to as “E”) monthly rent of KRW 2,200,000,000 from December 1, 201 to November 31, 2021, among the underground floors of the real estate indicated in the attached real estate as indicated in attached Form D by a school foundation D.
B. On October 24, 2014, the Plaintiff prepared a lease agreement (No. 9) under which the aforementioned lease agreement (hereinafter “instant lease agreement”) is terminated, where the Defendant ceases to exist or fails to pay public charges more than three times without the Plaintiff’s approval, on the following grounds: (a) the lease deposit amount of KRW 50,000,000; (b) the monthly rent of KRW 15,000,000; and (c) the monthly rent of KRW 25.9,000,000,000; and (d) the period of lease from October 24, 2014 to October 23, 2015.
C. Meanwhile, the Defendant registered his/her business with the trade name “F” on October 30, 2014, and operated a middle restaurant in the instant real estate from around that time to July 2015, and did not pay rent and public charges equivalent to 15% of sales from July 19, 2015. The Plaintiff expressed to the Defendant that the instant lease contract will be terminated on the grounds of the delinquency in rent and public charges around January 19, 2016, and the Plaintiff expressed to the Defendant that the instant sub-lease contract will be terminated on the grounds of the expiration of the instant lease term on August 22, 2016.
2. Determination
A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on October 23, 2016, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. Determination of the Defendant’s assertion