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1. The defendant shall be the plaintiff.
(a) Attached Form 2 drawings, (1), (2), (3), (4), (5), and (6), among the first floor of the building listed in the attached Table 1 list;
Reasons
1. Basic facts
A. On August 26, 2016, the Plaintiff entered into a lease agreement with the Plaintiff, among the buildings listed in the attached Table 1 list owned by the Plaintiff, the Plaintiff determined that: (a) he/she leased a franchise company (hereinafter referred to as “non-party company”) with a size of 654.87m2 in the ship that connects each point in sequence 1, among the buildings listed in the attached Table 1 list owned by the Plaintiff (attached Table 2; (b), (4), (5), (6), (7), (8), and (8); and (b) lease deposit from September 20, 2016 to September 19, 2018; (c) lease deposit KRW 198,100,000; and (d) monthly 12,282,200 won in value-added tax; (e) monthly management expenses; and (e) monthly 6,636,350 won in each year (excluding value-added tax; hereinafter referred to as “instant real estate”).
On November 17, 2016, the Plaintiff notified the non-party company that the management expenses in the year 2017 will be increased to KRW 6,735,400 per month. Accordingly, the non-party company paid the management expenses of KRW 6,735,40 per month to the Plaintiff from January 1, 2017.
B. On April 7, 2017, the Plaintiff succeeded to the Defendant’s lease agreement between the Nonparty Company and the Defendant, and agreed that the Plaintiff succeeds to the Defendant’s lease agreement by cancelling the lease agreement between the Plaintiff and the Nonparty Company and entering into a new lease agreement with the Defendant.
Accordingly, the term of lease between the Defendant and the Defendant on the same day is from April 21, 2017 to September 19, 2018, and the remainder is the same as the existing lease contract (hereinafter “instant lease”).
C. According to Article 15(1)1 of the instant lease agreement, where the Defendant is delinquent in paying rent and management expenses for at least two months, the Plaintiff may terminate the instant lease agreement without prior notification, if the Defendant fails to pay rent and management expenses to the Plaintiff.
However, the defendant paid the rent and management expenses for July 14, 2017 and July 25, 2017, respectively, and the rent and management expenses for the remaining April and July.