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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Facts of recognition;
A. On May 8, 2017, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 10,932,00, monthly rent of KRW 80,150, and the lease term of KRW 10,932,00, monthly rent of KRW 80,150, and from June 1, 2017 to May 31, 2019.
B. On November 2, 2017, Defendant A received a loan of KRW 8 million from the Plaintiff, and transferred the right to refund the lease deposit under the instant lease agreement to the said Defendant’s Corporation to the Plaintiff to secure its principal and interest, and at that time notified the Defendant Corporation thereof.
C. On November 2, 2017, Defendant A drafted a clear performance letter (Evidence A 3) stating that “When an obligor fails to repay the principal and interest of a loan by the due date (or the due date for loss of the due date), the lease contract is terminated so that the Plaintiff may directly receive a refund of the deposit from the lessor, and immediately deliver the leased object to the Plaintiff or the Plaintiff’s designated person, and if necessary, the Plaintiff notified the lessor of the termination of the lease contract by subrogation of the Plaintiff in subrogation of the Plaintiff A, no objection is raised.”
Defendant A lost the benefit of time by failing to pay interest, etc. from December 10, 2017.
E. Defendant A did not pay the rent to Defendant Corporation from March 2018.
On August 21, 2018, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground of the delinquency in rent for at least two years in subrogation of Defendant A by serving a duplicate of the preparatory document on August 21, 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. According to the above facts of recognition, the Plaintiff’s intent to terminate the instant lease contract on behalf of the Defendant Construction Work on August 2018.