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1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the annex 1 list;
B. 398,850,582 Won and its 121,807
Reasons
1. Basic facts
A. On December 22, 2012, the Plaintiff maintained the lease relationship with the Defendant as to the instant store even before entering into the instant lease agreement, and the date of commencement of the lease agreement appears to have been set as January 31, 2012, since the Plaintiff and the Defendant maintained the lease relationship with the Defendant as to the instant store on the lease deposit amounting to KRW 200,000,000 (payment on January 3, 201), monthly renting KRW 22,00,000,000 (payment on January 31, 2012).
From January 30 to January 30, 2017, a lease agreement was concluded (hereinafter referred to as the “instant lease agreement,” and the C building lease agreement (Evidence A No. 3) was delivered to the Defendant. The main contents of the instant lease agreement are as follows.
Article 2 (5) (5) If monthly rent and management expenses are overdue after the date of payment, the lessee shall pay the lessor 18% per annum in addition to the total amount of payment calculated on the date of arrears.
Article 4 (Prohibition of Assignment of Building, Sub-lease, Premiums, Facility Costs, and Right of Retention) (3) Lessee may not, in any case, demand or exercise any premium, other facility costs, lien, etc. to the lessor.
Article 7 (Lessor's Right to Revoke Contract) If the lessee has committed an act falling under any of the following subparagraphs, the lessor may terminate the contract:
(1) If the lessee fails to pay the cost, such as monthly rent and management fee, for more than two months from the date of each payment, the lessee shall lose the benefit of the lease.
(1) When the lease contract is completed due to the termination or invalidation of the contract, termination of the contract period, etc., the lessee shall also order the whole or part of the object and property owned by the lessee within the expiration date of the contract.
(3) The lessee may not remove the lessee’s property and property for any reason.