beta
Text
1. The defendant
(a) deliver the real estate listed in the annex;
B. 1.4 million won and from April 15, 2017 to the annexed sheet.
Reasons
1. Facts of recognition;
A. On July 15, 2016, the Plaintiff (hereinafter “instant apartment”) with respect to Busan Shipping Daegu Apartment and 202 Dong 3102 (hereinafter “instant apartment”).
7.13.Completion of the registration of ownership transfer from the Defendant on the ground of the sale by the Defendant.
B. On July 13, 2016, the Plaintiff entered into a lease agreement with the Defendant for a period of KRW 10 million, KRW 1.5 million, monthly rent, and KRW 24 months with respect to the instant apartment.
C. On February 13, 2017, the Plaintiff demanded that the Defendant pay 800,000 won to the Defendant by means of content-certified mail as of February 13, 2017. On February 22, 2017, the Plaintiff notified the Defendant that the lease contract was terminated on the grounds that the lease deposit and the monthly rent were delayed by content-certified mail.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (excluding part of the special agreement among evidence No. 2, which the plaintiff has filed the lawsuit of this case and stated additionally), Gap evidence Nos. 3-1 and 2, and the purport of the whole pleadings
2. According to the facts of the above recognition, the lease contract between the Plaintiff and the Defendant was terminated on February 2017 when the Plaintiff’s intention of termination was delivered to the Defendant due to the Defendant’s nonperformance under the lease contract, such as paying only a part of the monthly rent even after February 2017 following the expiration of the period recognized by the Plaintiff.
Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff and pay 1.4 million won per month from April 15, 2017 to the delivery date of the apartment of this case.
The defendant asserts that the sales contract and the lease contract of the apartment of this case between the plaintiff and the defendant are null and void by a false declaration of agreement or transfer of security in the name of the plaintiff.