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1. The Defendants shall deliver from the Plaintiffs the real estate in the separate sheet from May 26, 2016 to KRW 25,044,396.
Reasons
1. Basic facts
A. On December 15, 201, the networkF entered into a lease agreement with the Defendants on the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to KRW 50 million, monthly rent and management expenses (excluding value-added tax and public charges, and payment on the 25th day of each month), and the period from December 16, 201 to June 24, 201, and delivered the instant real estate to the Defendants, and the Defendants run the studio rental business from the instant real estate.
B. On January 3, 2013, Plaintiff B and Plaintiff C, the wife, jointly succeeded to the network F. The Plaintiffs, who were Plaintiff B and Plaintiff C, were the wife. The Plaintiffs notified the Defendants of their intent to terminate the instant lease agreement by content-certified mail on the grounds that the Plaintiff’s failure was two or more times, which was the vehicle up to August 26, 2014. The Defendants were served with the content-certified mail following the date.
C. At the time of August 26, 2014, the Defendants delayed payment of KRW 9,086,738 in total, including the rent for the second term and the management fee. However, the Defendants paid KRW 3,590,114, which is a part of the overdue amount, by receiving the aforementioned content-certified mail from the Plaintiffs, and paying the rent by March 7, 2016. As of May 25, 2016, the Defendants delayed the rent and the management fee for KRW 20,111,038 in total, as of May 25, 2016. In the instant lease agreement, the Defendants paid damages for delay calculated at the rate of 5% per month for the overdue rent and the management fee.
[Ground of recognition] Facts without dispute, Gap 1, Gap 2, Gap 4's each, the purport of the whole pleadings
2. Judgment on the party's assertion
A. According to the facts based on the determination as to the cause of the claim, the Defendants did not pay two or more times of arrears as of August 26, 2014, and the right to terminate the instant lease was created against the Plaintiffs. The Plaintiffs’ declaration of intent to exercise the right to terminate the lease was served on the Defendants, and the instant lease agreement on August 27, 2014 is legitimate.