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1. The Plaintiff:
A. Defendant B is one of the first floor of the Gangseo-gu Seoul Metropolitan Government D (Seoul Gangseo-gu E) building with 167.8 square meters above ground (F building).
Reasons
1. Facts of recognition;
A. On June 22, 2005, the Plaintiff, the owner of the instant leased real estate, entered into a lease agreement with Defendant B (non-party G) on the said leased real estate with a deposit of KRW 20,000,000 for the said leased real estate and KRW 1,200,000 for the monthly rent (the deposit of KRW 1,30,000 for the said leased real estate has been increased from April 2, 2012) (hereinafter the instant lease agreement) and delivered the said leased real estate to the said Defendant. The Defendant B paid the said leased real estate to the Plaintiff while taking over the leased real estate from the Plaintiff and using it.
B. On October 24, 2012, Defendant B entered into a sublease contract with Defendant C on the part of the instant building (B), which is a part of the instant leased real estate, in the name of the Plaintiff, with Defendant C, with a deposit of KRW 10,000,00, monthly rent of KRW 500,000 (hereinafter the instant sublease contract), and Defendant C has used and profit from the instant building (B) by taking over the part of the instant leased real estate from Defendant B.
C. Meanwhile, Defendant B continues to delay as of July 22, 2012, the sum of KRW 4,200,000 as of July 22, 2012 and the amount from August 22, 2012, among the monthly rent that ought to be paid to the Plaintiff under the instant lease agreement.
Defendant B, around June 5, 2013, drafted a written statement stating that “The Plaintiff shall put the instant leased real estate up to June 12, 2013,” but did not implement the said document.
E. On July 5, 2013, the Plaintiff sent to Defendant B a document that contains his intent to terminate the instant lease agreement on the grounds of delinquency in rent, etc. of the said Defendant, and expressed his intention to terminate the instant lease agreement on several occasions.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, and purport of whole pleadings
2. Determination:
A. According to the facts of the above recognition as to the claim against Defendant B, the instant lease contract concluded between the Plaintiff and the Defendant B is an ongoing arrears of the said Defendant.