beta
Text
1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from November 19, 2017, the said real estate.
Reasons
1. Basic facts
A. The Plaintiff owns each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and owns each real estate in the separate sheet (hereinafter referred to as “instant real estate”) only in the number of houses, if it is required to specify each unit.
B. On May 2016, the Plaintiff entered into a contract with the Defendant to lease the instant real estate under the following conditions (hereinafter “instant lease contract”).
Of the monthly rent (including the value-added tax) 701 subparagraph 10,000,000 won for the monthly rent (including the value-added tax) 1,980,000 won (payment on the last day of each month) from June 1, 2016 to 702 subparagraph 10,100,000 won for 1,100,000 won (payment on the last day of each month) from June 1, 2016 to 24 months from June 1, 2016, KRW 1,100,000 for 24 months from June 1, 2016 (payment on the last day of each month)
C. The Defendant paid to the Plaintiff the total amount of KRW 40,000,000, and around that time, received the instant real estate from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the claim for extradition
A. As the Plaintiff did not pay rent after February 1, 2017, the Plaintiff expressed his/her intention to terminate the instant lease agreement and sought delivery of the instant real estate.
Therefore, the plaintiff expressed his/her intention to terminate the lease contract of this case on the ground that the defendant was in arrears with three or more occasions in the complaint of this case, and it is evident that the copy of the complaint was served on the defendant on December 7, 2017.
Thus, since the above lease contract was terminated by the termination of the plaintiff, the defendant is obligated to deliver the real estate of this case to the plaintiff unless there are special circumstances.
B. (1) On October 2017, the Defendant already delivered the instant real estate to the Plaintiff on or around the first day of October 2017, arguing that the Plaintiff’s request for extradition is unjustifiable, but there is no evidence to acknowledge the above extradition.
Therefore, the defendant's above assertion is not accepted.