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1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
(b)with respect to KRW 22,00,000 and this shall apply.
Reasons
1. Basic facts
A. On October 14, 2018, the Plaintiff: (a) leased each real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant as the lease deposit amount of KRW 50,000,000, monthly rent of KRW 4,000 (excluding value-added tax) from October 14, 2018 to October 13, 2019; and (b) leased each real estate listed in the attached list (hereinafter “instant lease”).
According to the instant lease agreement, the lessor may terminate the lease contract if the lessee fails to pay the monthly rent to the second time.
B. The Defendant did not pay to the Plaintiff once a monthly rent under the instant lease agreement, and until now, occupied and used the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant did not pay more than two months a monthly rent under the instant lease agreement. The Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant on the grounds of not less than two years of delinquency in payment through the service of the duplicate of the complaint in this case. The fact that the duplicate of the complaint in this case was served on the Defendant on April 19, 2019 is apparent in the record. Thus, the instant lease agreement was lawfully terminated on April 19, 2019.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
In addition, since October 14, 2018, the fact that the Defendant did not pay monthly rent under the instant lease agreement from October 14, 2018 to the present date is as seen earlier, and thus, the Defendant occupied and used the instant real estate. Accordingly, the Defendant, pursuant to the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) and Article 2(2) of the Addenda, as follows: (i) the sum of the rent from October 14, 2018 to March 13, 2019 to the Plaintiff.