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1. The Defendants from the Plaintiffs to the completion date of delivery of real estate indicated in the separate sheet from March 1, 2017 to March 1, 2017.
Reasons
1. Basic facts
A. On August 30, 2016, the Plaintiffs entered into a lease agreement with the Defendants on the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the lease deposit amount of KRW 400 million, KRW 20 million per month, and KRW 20 million per month, and from the delivery date of the instant real estate during the lease period to August 29, 2021 (hereinafter “instant lease agreement”). At that time, the Defendants received KRW 400 million as the lease deposit from the Defendants.
B. The Defendants did not pay a rent from November 1, 2016, and the Plaintiffs notified the Defendants that they would terminate the instant lease agreement on the grounds that two or more rents were not paid, around May 31, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion that the instant lease agreement was terminated on the grounds of the Defendants’ delinquency in rent. As such, the Defendants are obliged to receive the remainder of the money calculated by deducting the amount calculated by the rate of KRW 22 million from November 1, 2016 to the delivery date of the instant real estate from the date of delinquency in paying the lease deposit to the Plaintiffs.
B. In light of the above facts, the instant lease agreement was terminated due to the Defendants’ declaration of termination on the grounds of not less than two years of arrears. Meanwhile, the Defendants paid the Plaintiffs a total of KRW 88 million on August 24, 2017, and October 30, 2017, and December 26, 2017, respectively, after the Plaintiffs’ termination notice, to the Plaintiffs. Thus, there is no dispute between the parties, and the said KRW 88 million, which the Defendants paid to the Plaintiffs, should be appropriated for the repayment of overdue arrears from November 1, 2016 to February 28, 2017 pursuant to Article 477 subparagraph 1 of the Civil Act.
Therefore, it is true.