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1. The defendant shall receive KRW 369,955,941 from the plaintiff, while indicating the attached real estate in the plaintiff.
Reasons
1. On October 1, 2013, the Plaintiff entered into a lease agreement with the Defendant on the premise that the subject matter of the instant lease among the instant building was KRW 700,00,000, KRW 46,680,000 per month, monthly rent (in addition to value-added tax, KRW 20,00 per month), and KRW 7 years and four months from October 1, 2013 to January 31, 2021. The Plaintiff delivered the subject matter of the instant lease to the Defendant and received the said lease deposit from the Defendant at that time, and the Plaintiff did not pay the monthly rent after July 16, 2015, and the Plaintiff expressed its intent to terminate the instant lease agreement to the Defendant on the ground that the overdue rent would reach nine months, and there was no dispute between the parties who reached the said termination agreement to the Defendant on April 3, 2015.
Therefore, the instant lease agreement was terminated by the Plaintiff’s declaration of termination due to the failure to pay the rent for at least two years, and thus, barring any other circumstance, the Defendant is obligated to deliver the leased object to the Plaintiff, barring any other circumstance.
2. Determination as to the defendant's assertion
A. The Defendant asserts that monthly rent payment is continuing the instant lease agreement by paying monthly rent to the Plaintiff, as the ownership of the instant building was changed to a third world, which was fluent to the Plaintiff around November 2015, by paying monthly rent to the Plaintiff.
The parties to the instant lease agreement are the Plaintiff and the Defendant, and even if the Defendant paid a monthly rent to the world, the Defendant cannot escape from the Plaintiff’s claim for this reason.
(b) there is no reason to see that the Defendant and the corporation enjoyable world concluded a new lease contract.
The Defendant paid KRW 700,000,000 to the Plaintiff on the simultaneous performance of the lease deposit, and the fact that the instant lease contract was terminated around April 30, 2015 is earlier.