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1. The defendant shall deliver each real estate listed in the separate sheet from the plaintiff at the same time, and at the same time, KRW 10,400,000 to the plaintiff.
Reasons
1. Basic facts
A. On August 27, 2015, B and D decided that each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) as the lease deposit amounting to KRW 30 million, monthly rent amounting to KRW 27 million, and the lease term from September 15, 2015 to September 15, 2017 (free lease from September 15, 2015 to December 2015) was jointly leased. From September 15, 2015, B and D occupied each of the real estate in the separate sheet owned by the Defendant (hereinafter “instant real estate”).
Article 4 of the above lease contract provides that if the rent in arrears of the lessee exceeds the three-year rent, the lessor may cancel the contract immediately.
B. On June 30, 2016, B, upon the termination of a partnership agreement with D, demanded the Defendant to re-establish a lease agreement to change the name of the Plaintiff, one’s spouse, and on July 6, 2016, the Plaintiff entered into a lease agreement with the Defendant on the same content as above (hereinafter “instant lease agreement”) with respect to the instant real estate, and agreed that the Plaintiff succeeds to all the rights and obligations under the previous lease agreement.
C. The Plaintiff or B did not pay the rent for January 2016 and February 2016, 100,000 won as the rent for March 2016, 130,000 won as the monthly rent from April 2016, 150,000 won as the monthly rent from October 2018.
The Plaintiff and B operated a restaurant from the instant real estate, and removed major business facilities within the instant real estate on April 30, 2019 and moved into a cafeteria.
[Ground of recognition] Facts without dispute, Gap 1 through 8, 11 through 16, 20 evidence, Eul 1 through 5 (including each number), the purport of the whole pleadings
2. Determination:
A. The instant lease agreement on the grounds of the parties’ assertion 1 was terminated on April 30, 2019 upon termination of the agreement.
The Plaintiff and the Defendant were exempted from the obligation until February 2016, and March 2016 was KRW 1 million and KRW 1.3 million from April 2016, respectively.