beta
Text
1. The Plaintiff:
A. The Defendants deliver the buildings indicated in the attached list, and deliver the said building from August 6, 2015.
Reasons
1. Facts of recognition;
A. On July 15, 2013, Defendant C, the mother of Defendant B, entered into a contract to lease the said real estate with the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) on behalf of Defendant B, by setting the lease deposit amount of KRW 10 million, KRW 50 million per month for rent, and KRW 550,000 per month for rent, and the lease term from August 6, 2013 to August 6, 2015.
(hereinafter “instant lease agreement”). B.
Defendant B did not pay the rent that occurred after January 6, 2014. On July 15, 2015, the Plaintiff sent a content-certified mail that the Plaintiff terminated the lease contract and refuses to renew the lease contract on the grounds of the Defendant’s delinquency in rent on the part of the Defendant. The content-certified mail reached the Defendants around that time.
C. The Defendants are residing in the instant real estate even after the term of lease expires.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings
2. According to the above facts finding that the lease contract of this case was lawfully terminated on the ground of Defendant B’s delinquency in rent, the Defendants are obligated to deliver the instant real estate to the Plaintiff.
3. Part on claim for payment of money
A. From January 6, 2014 to August 5, 2015, Defendant C drafted a contract with the Plaintiff, but the parties to the instant lease agreement are Defendant B, and thus, 1,045,00 won (=50,000 won per month x 19 months) incurred from January 6, 2014 to August 5, 2015, Defendant B is obligated to pay to the Plaintiff.
Meanwhile, Defendant B asserts that the lease deposit should be deducted from the rent in arrears, so long as the above lease contract is terminated, the Plaintiff shall return the lease deposit amount of KRW 10 million to Defendant B, so the above assertion by Defendant B is with merit.
Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 4,50,000 (=10,4550,000 - KRW 10,000) out of the rent incurred until August 5, 2015.
(b).