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1. The defendant shall receive KRW 3,000,000 from the plaintiff, and at the same time, shall be attached to the building stated in the attached Table among the buildings to the plaintiff.
Reasons
1. Basic facts
A. On December 20, 2009, the Plaintiff entered into a lease agreement with the Defendant’s agent B and with respect to each of the buildings listed in the separate sheet with “B” of KRW 196,00,000,000,000,000, monthly rent of KRW 500,000,000 (payment on December 27, 2009), from December 27, 2009 to December 26, 201 (hereinafter “instant lease agreement”).
B. The instant lease agreement was explicitly renewed even after the expiration of the term of lease. From September 2017, the Defendant began to delay the rent from September 2017. On November 29, 2017, the Plaintiff sent to the Defendant a certified mail containing an expression of intent to terminate the instant lease agreement on the ground that the said lease was terminated on at least three occasions, and was served on the Defendant around that time.
C. Around December 2017, the Defendant was the director of the instant warehouse, demanded the return of the deposit, and refused the return of the key.
(A) Although the Plaintiff asserts that the Defendant has possessed and used the warehouse of this case until now, it is not sufficient to acknowledge it solely on the basis of the entries in Gap evidence 5 and the fact-finding results on the Korea Electric Power Corporation branch offices of this court, and there is no other evidence to acknowledge it).
2. The Plaintiff’s assertion agreed to raise KRW 100,000 as the monthly rent from January 2, 2014, which is the Defendant’s agent, and the Defendant paid KRW 800,000,000 as the monthly rent raised only for eight months from April 2014 to November 2014.
Meanwhile, the Defendant notified the Plaintiff that the instant lease contract was terminated on November 29, 2017 by failing to pay the monthly rent from September 2017.
Therefore, the Defendant is obligated to deliver the instant warehouse to the Plaintiff, and the unpaid rent of KRW 9 million until May 27, 2018 [3.6 million won (from January 2014 to August 27, 2017)].