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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From March 3, 2015, the above real estate.
Reasons
1. Facts of recognition;
A. On December 30, 2006, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 10 million, monthly rent of KRW 700,000 (payment after the fifth of each month), and 24 months from the delivery date of the lease term, and delivered the instant building on January 1, 2007.
B. The instant lease was implicitly renewed.
C. On June 2013, the Plaintiff and the Defendant increased to KRW 800,000 per month, which is the tea of the instant lease agreement.
From April 2014, the Defendant delayed the payment of rent. Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 8 million for unpaid rent from April 2, 2014 to March 2, 2015 (U.S. District Court 2015 Ghana8467) and received a favorable judgment on October 15, 2015.
(A) The defendant filed an appeal against this, and is currently pending in the court of Suwon District Court No. 2015Na40538.
Even after the above judgment, the defendant does not pay the rent from March 3, 2015.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since March 3, 2015, the Defendant was found to have been in arrears for more than three months since March 3, 2015, and thus, the instant lease agreement was lawfully terminated and terminated on September 8, 2015, where the copy of the complaint stating the Plaintiff’s declaration of termination on the ground of the Defendant’s delay of rent was served on the Defendant.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the rent and the unjust enrichment from rent to rent, calculated at the rate of KRW 800,000 per month from March 3, 2015 to the completion date of delivery of the said building.
3. Defendant’s assertion and judgment
A. The Plaintiff’s summary of the Defendant’s assertion is proceeding with his husband C around 2014, while proceeding with his husband C.