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1. The defendant shall be the plaintiff.
(a) Attached drawings among the real estate listed in the attached list 1, shall be indicated in (1), (2), (5), (6), (7), and (8);
Reasons
1. Determination on the cause of the claim
A. In full view of the purport of the entire pleadings, the following facts are recognized in each entry of Gap evidence Nos. 1 through 8 (including paper numbers):
1) The Plaintiff between the Defendant and the Defendant on July 10, 2015, and each of the real estates listed in the Disposition 1-A (hereinafter “each of the instant real estates”) against the Defendant.
(2) The Plaintiff and the Defendant entered into a lease agreement with the terms and conditions of the lease deposit to be leased upon setting the lease deposit amount of KRW 100 million, monthly rent of KRW 3520,000,000,000 from July 13, 2015. After that, on November 30, 2015, the Plaintiff and the Defendant entered into a lease agreement with the terms and conditions of the lease deposit of KRW 70,000,000,000, monthly rent of KRW 3850,000,000,000 from December 1, 2015 to November 31, 2017 (hereinafter “instant lease agreement”).
(2) On October 2017, the Defendant did not pay that monthly rent to the Plaintiff. Accordingly, from November 2017 to November 15, 2019, the Plaintiff notified the Defendant of the monthly rent and notified the termination of the instant lease agreement.
3. Meanwhile, the Defendant did not pay the monthly rent under the instant lease agreement from May 1, 2018, and the unpaid management expenses to be borne by the Defendant as of the date of closing argument in the instant case are KRW 23,96,641 in total.
B. According to the above facts, the lease agreement between the Plaintiff and the Defendant was lawfully terminated due to the Defendant’s delinquency in monthly rent.
As such, the defendant shall deliver the real estate of this case to the plaintiff, and the defendant shall pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 15, 2020 to the day of complete payment, as the plaintiff seeks from October 8, 2020, the delivery date of the written application for modification of the claim and the cause of the claim, which is the following day of the delivery date of the written application for modification of the claim from October 15, 2020, and three real estate from May 1, 2018.