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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From July 4, 2017, the above A
subsection (b).
Reasons
1. Facts of recognition;
A. On March 14, 2014, the Plaintiff leased real estate listed in the attached Table to B (hereinafter referred to as “B”) (hereinafter referred to as “B”), which is the Defendant litigation attorney, by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 3 million (excluding value-added tax, and payment on the last day of each month), and from April 1, 2014 to March 31, 2016, but thereafter extended the lease term by June 30, 2017.
(hereinafter “instant lease agreement”). B.
B was subject to a decision to discontinue rehabilitation as of June 30, 2017, around June 2017, when the Seoul Rehabilitation Court applied for a simplified rehabilitation procedure as of December 22, 2017, as of December 22, 2017, and was again applied for a decision to commence rehabilitation procedures as of December 12, 2018, and was dismissed on February 12, 2018.
C. On July 11, 2017, the Plaintiff filed the instant lawsuit premised on the termination of the lease agreement on the grounds of the Defendant’s delay of rent.
【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 through 4, Eul evidence 1, and the purport of whole pleadings】
2. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated upon delivery of a copy of the complaint of this case stating the declaration of termination of the lease agreement on the ground of delinquency in rent under B to the Defendant. The lease deposit KRW 30 million was deducted from the overdue rent of 30,000 won [20,000 won for overdue rent of 9 months as of June 30, 2017 (20,330,000 won x 3330,000 won x 9 months)] as of July 3, 2017. Accordingly, the Defendant transferred real estate listed in the attached list to the Plaintiff, at the Plaintiff’s request, and the amount equivalent to the amount calculated by the ratio of the overdue rent of 30,000 won from July 4, 2017 to July 3, 2017 to the completion date of delivery of real estate listed in the attached list.