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1. The Defendant’s real estate indicated in the separate sheet from November 27, 2013 to KRW 20,000,000 from the Plaintiffs.
Reasons
1. Basic facts
A. On July 27, 2013, the Plaintiffs jointly concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiffs, setting the lease term of KRW 20 million, monthly rent of KRW 1,050,000, and the lease term of KRW 1,050,000 from August 26, 2013 to August 25, 2015.
B. Since the conclusion of the instant lease agreement, the Defendant paid a total of KRW 3,100,000 for three months thereafter, and did not pay the rent after November 27, 2013.
C. Accordingly, the Plaintiffs expressed their intent to terminate the instant lease agreement on the grounds of the delinquency in payment of two or more rents by serving a duplicate of the instant complaint, and the said duplicate of the complaint reached the Defendant on May 27, 2014.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the premise for pleading
2. According to the above facts of recognition, the instant lease agreement was lawfully terminated and terminated around May 27, 2014, which served on the Defendant a copy of the complaint of this case containing the Plaintiffs’ intention of termination on the grounds of delinquency in rent for more than two years.
Meanwhile, where the lease term expires for the lease of real estate, the obligation of the lessee to deliver the object, and the lessor to return all the remainder arising from the repayment of all the obligations arising until the time when the lease is delivered, such as the overdue rent, out of the deposit, reaches the due date, and both these obligations reach the same simultaneous performance (see Supreme Court en banc Decision 77Da1241, 1242, Sept. 28, 197). Furthermore, the deposit received as above guarantees all the obligations of the lessee arising from the lease relationship, such as the rent and the liability for damages arising from the loss of or damage to the object, and the amount equivalent to the secured obligation is, barring special circumstances, when the object is returned after the termination of the lease relationship.