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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. Defendant B:
(a) 19,800,000 won;
Reasons
1. Facts of recognition;
A. On February 23, 2016, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), entered into a lease agreement with Defendant B to lease the instant real estate (hereinafter “instant lease agreement”) by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 3300,000 (including value-added tax, the last day of each month), and the period from February 25, 2016 to March 24, 2018 (hereinafter “instant lease agreement”).
B. Afterwards, the Defendants registered the instant real estate in the name of Defendant C and operated the Korea Private Teaching Institute.
C. Meanwhile, at the time of the instant lease agreement, where the lessee has been in arrears for at least three months, the lessor was determined to be able to terminate the lease agreement without a peremptory notice. Defendant B did not pay the following six months: (a) the sum of the rent for six months from November 1, 2016 to April 30, 2017 (including value-added tax x 3,300,000 (including value-added tax) x six months).
On May 25, 2017, the Plaintiff sent to Defendant B a certificate that contains an expression of intent to terminate the instant lease agreement on the grounds of delinquency in rent, and around that time, the said certificate reached Defendant B.
[Grounds for Recognition: Facts without dispute, entry in Gap evidence 1-3 (including branch numbers, if any) and the purport of the whole pleadings]
2. Determination
A. According to the above facts, the instant lease agreement was terminated on May 2017, when the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent by Defendant B reaches Defendant B.
B. Therefore, the Defendants, the occupant of the instant real estate, are obligated to deliver the instant real estate to the Plaintiff following the termination of the instant lease agreement, and Defendant B, the lessee, is obligated to deliver the instant real estate to the Plaintiff. Defendant B, the lessee, to the extent that the unpaid rent of KRW 19,80,000, and as sought by the Plaintiff, the duplicate of the instant complaint is served on August 30, 2017, as requested by the Plaintiff.