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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From September 1, 2016, the above real estate.
Reasons
1. Basic facts
A. On October 2, 2013, C entered into a lease agreement with the Defendant on October 2, 2013 with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) with a lease term of KRW 5 million from October 18, 2013 to October 17, 2014, and KRW 700,000 per month for lease deposit (hereinafter “instant lease agreement”).
B. Following the death of C in December 2015, the Plaintiff completed the registration of ownership transfer on April 1, 2016 with respect to the said real estate on the grounds of inheritance by consultation and division on December 5, 2015.
C. The instant lease contract has been implicitly renewed, and during the period of the said lease, the Defendant paid the rent as indicated in the attached Form (i.e., the payment details of the rent) (i., payment of KRW 600,000,000,000, which was reduced from June 2015), and the amount of the rent was overdue as of October 2014, January 2015, March 3, 2015, and May 2015.
The Plaintiff urged the Defendant to deliver the instant real estate from October 2015 to the Defendant. On April 29, 2016, the Plaintiff expressed his/her intention to terminate the instant lease by serving a duplicate of the instant complaint on the grounds that the Defendant was in arrears on several occasions. The said duplicate of the complaint reached the Defendant on May 9, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement was explicitly renewed, and the Plaintiff’s declaration of intention to terminate the contract was lawfully terminated on May 9, 2016, on the ground of the delayed payment of at least two years, and thus, the Defendant delivered the instant real estate to the Plaintiff. As the date of the final payment of the rent after the date of the final payment of the rent, the Defendant calculated at the rate of KRW 600,000 per month from the day following the date of the instant judgment to the day of the completion of delivery, as sought by the Plaintiff.