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1. The defendant shall receive KRW 21,054,643 from the plaintiff, and at the same time, shall be the building stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On August 15, 2017, the Plaintiff entered into a lease contract with the Defendant on the attached list owned by the Plaintiff (hereinafter “instant building”) with respect to the lease deposit of KRW 30,000,000, and the lease deposit of KRW 30,000 from September 1, 2017 to August 31, 202 (60 months) and monthly rent of KRW 2,30,00,000, and the instant building was handed over to the Defendant on September 1, 2017.
The main contents of the instant lease agreement are as follows.
Article 3 [Change of Use, Sub-lease, etc.] No lessee shall use the real estate for any purpose other than the purpose of lease, because the purpose or structure of the real estate is altered, or the sub-lease is transferred or offered as security
Article 4 [Termination of Contract] If the lessee's delayed amount of rent falls short of the three-term rent, or if the lessee violates Article 3, the lessor may terminate this contract without delay.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.
[Matters of Special Agreement]
1. It shall be leased under the present state of facilities;
2. The lessee shall confirm that the whole or part of the lease deposit may not be returned if the auction, etc. is executed due to the prior right existing in the above real estate;
3. Monthly rent will be paid from November 1, 2017 and will be paid from the remainder.
The rent shall be set aside separately from the surtax.
B. The Defendant operated the instant building with the trade title “D”, and did not pay three or more times of arrears from November 1, 2019 to February 2019.
Accordingly, on February 3, 2019, the Plaintiff is in arrears with the Defendant from November 2019 to February 2019.