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1. The defendant
A. It delivers to the Plaintiffs the fourth floor of 377.09 square meters among the buildings listed in the attached list;
B. Plaintiff A: 4,712.
Reasons
1. Determination as to the cause of claim
A. The Plaintiffs, on August 29, 2013, completed the registration of ownership transfer regarding buildings listed in the separate sheet (hereinafter “D buildings”) on August 29, 2013.
(Plaintiff A: 63/100 shares, Plaintiff B: 37/100 shares). On April 2015, the Plaintiffs leased D’s four-story 377.09 square meters (hereinafter “instant building”) among D buildings to the Defendant by setting the lease deposit amount of KRW 40 million, monthly rent of KRW 170,000 (including payment by the 13th day of each month in advance, value-added tax), the lease period of KRW 170,000 (including payment by the 13th day of each month), from April 14, 2015 to April 13, 2017.
(hereinafter “instant lease agreement”). The Defendant, upon delivery of the instant building, operated the party hall in the name of “E”, did not pay for four months from August 14, 2016 to December 13, 2016.
Accordingly, on January 9, 2017, the Plaintiffs submitted the instant complaint containing the content that the instant lease contract will be terminated by the delivery of the instant complaint on the grounds of the Defendant’s delinquency in rent for three months, and the instant warden reached the Defendant on January 26, 2017.
After the Defendant was unable to pay the rent for four months, the Defendant paid all the rent from December 14, 2016 to October 13, 2017, and has operated the party hall even until the date of closing the argument in this case.
[Reasons for Recognition] Unsatisfy, Gap 1 and 3 evidence, the purport of the whole pleadings
B. The instant lease agreement was lawfully terminated on January 26, 2017, where the instant complaint containing the intent of termination of the Plaintiffs on the grounds of the Defendant’s delay for more than three years of rent.
Therefore, the defendant delivers the building of this case to the plaintiffs, and the sum of 7,480,00 won in arrears (in calculating according to the shares owned by the plaintiffs, the plaintiff A shall be KRW 4,712,400, and the plaintiff B shall be KRW 2,767,600) and the 1870,000 won in each month from October 14, 2017 to the completion date of delivery of the building of this case (in calculating according to the shares owned by the plaintiffs, the plaintiff A shall be KRW 1,178,100, and the plaintiff B shall be KRW 691,900).