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1. The defendant shall be the plaintiff.
(a) Of the real estate listed in the separate sheet Nos. 1, 2, 3, 4, and 1, the respective points are indicated in the separate sheet No. 2.
Reasons
1. Basic facts
A. On September 9, 2016, the Plaintiff leased the Eunpyeong-gu Seoul Metropolitan Government D Building C (hereinafter “instant store”) to the Defendant with a deposit of KRW 25 million, monthly rent of KRW 2860,000 (including value-added tax), and the lease period of September 1, 2016 through August 31, 2026 (hereinafter “instant lease agreement”).
B. The Defendant, including the instant store, removed all the walls, windows, etc. that combine the said 12 shops located on the 6th floor of the D Building, and, through the ceiling facilities, floor-sponsing works, etc., built the said 6th floor as a single space and operated a plastic restaurant.
C. The Defendant did not pay the Plaintiff a rent of KRW 8,580,000 for three months until April 30, 2018 (=2860,000 x 3 months).
[Ground of recognition] Unsatisfy, Gap's statements or images, and the purport of whole pleadings, as to Gap's evidence 1, 3, 6, and 8
2. Determination
A. According to the above facts finding as to the claim for removal of facilities and delivery of stores, it is reasonable to view that the instant lease contract was lawfully terminated and terminated on June 19, 2018, clearly stating the date on which a copy of the complaint indicating the Plaintiff’s intention to terminate the contract was served on the Defendant on the grounds of rent delay. Therefore, barring any special circumstance, the Defendant removed the tent facilities and floor gate installed in the instant store from the Plaintiff (the Plaintiff also sought removal of the cafeteria facilities, but the type and location of the cafeteria are not specified in detail, and thus, this part of the allegation is not acceptable.
2) The Defendant asserts that the Plaintiff cannot respond to the Plaintiff’s claim until the deposit for lease is returned.
According to the facts established earlier, on October 31, 2018, prior to the date of closing the argument in the instant case, the amount of the overdue rent (or unjust enrichment by the party at the rent, etc.; hereinafter “annual rent, etc.”) on October 31, 2018 is KRW 2,574,00 (=2860,000 won x 9 months), and the lease deposit is KRW 25 million.