1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 45,000,000 won shall be applied to the plaintiff.

Basic Facts

On April 23, 2013, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant with a lease deposit amount of KRW 45 million, and the lease deposit period of KRW 2,00,000 from April 25, 2013 to April 24, 2015 (hereinafter “instant lease agreement”), and the Defendant paid the Plaintiff the lease deposit amount of KRW 45 million.

After that, the instant lease contract was implicitly renewed twice.

On June 18, 2018, the Plaintiff sent to the Defendant a notice that contains a declaration of intent to terminate the instant lease agreement (hereinafter “instant notice”) by content-certified mail, and the said notice reached the Defendant on June 20, 2018.

On October 29, 2018, the Plaintiff spent KRW 500,000 as the boiler repair cost installed in the instant real estate.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 5, and the judgment of the court below as to the ground for a claim as to the purport of the entire pleadings, the lease contract of this case became effective and terminated on or around September 20, 2018 after three months from June 20, 2018 when the notice of this case was delivered to the defendant. Thus, the defendant is obligated to pay to the plaintiff the lease deposit of this case 45 million won with redemption of the real estate of this case. The plaintiff is obligated to pay the plaintiff the 50,000 won paid to the boiler repair cost of this case and the damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 20, 2018 to the day of complete payment.

The plaintiff's claim of this case is accepted.