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Defendant:
A. It delivers to the Plaintiff A real estate listed in the separate sheet;
B. Plaintiff B 37,414.
Reasons
1. Facts of recognition;
A. On September 29, 2007, Plaintiff A Co., Ltd. leased all commercial buildings including real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) to Plaintiff B who runs real estate leasing business (hereinafter “instant lease”). The instant lease agreement was renewed three times, and was concluded on August 14, 2018.
B. On September 29, 2007, Plaintiff B sub-leaseed real estate listed in the separate sheet to the Defendant Company for a deposit of KRW 30 million, monthly rent of KRW 1.1 million (including value-added tax; hereinafter the same shall apply), and the sublease period by July 28, 2009 (hereinafter the “sub-lease contract”), and the instant sub-lease contract was explicitly renewed thereafter.
Plaintiff
B and Defendant Company agreed to raise the monthly rent from March 1, 2014 to KRW 1,320,000, and KRW 1,584,000 from April 1, 2015.
C. The Defendant Company began to pay the management expenses for May 2012, and thereafter repeatedly paid the rental fees and the management expenses, and notified the termination of the instant sub-lease contract on June 11, 2018.
On September 11, 2015, the representative director of the Defendant Company confirmed that the sum of unpaid rental fees and management expenses by September 11, 2015 to Plaintiff B is KRW 59,398,300,000, and written a letter of promise to repay KRW 29,398,300 by November 30, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 10, 11, 14, 18, 19, 23
2. The facts that the instant lease agreement was concluded on August 14, 2018 when determining the Plaintiff Company’s claim are as seen earlier, and according to the above fact of recognition, it is reasonable to deem that the instant sublease agreement was terminated by agreement around June 11, 2018. Therefore, the Defendant Company deliver the instant real estate to the Plaintiff who exercises the right to claim the return based on ownership.