From 10,000,000 won to 10,000 won from the plaintiff, the defendant shall draw up the attached Form among the first floor of the real estate in the attached list from January 1, 2021.

Facts of recognition

On February 28, 2019, the Plaintiffs leased the instant store to the Defendant with a deposit of KRW 10,000,000, monthly rent of KRW 1,001,00 (including value added tax, and payment by the first day of each month) and the period from February 28, 2019 to February 28, 2021 (hereinafter “the instant lease agreement”) (hereinafter “the instant lease agreement”), and the Defendant paid the said deposit to the Plaintiffs and operated the restaurant upon delivery of the instant store.

On June 15, 2020, the Plaintiffs sent a certified mail to the effect that the instant lease contract will be terminated on the grounds of the Defendant’s delinquency in rent, and at that time, the Defendant delayed to pay five rents.

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1 and 5, and the purport of the whole pleadings, the lease contract of this case was terminated on June 15, 2020.

Therefore, the defendant is obligated to deliver the store of this case to the plaintiffs.

Meanwhile, a lessee’s obligation to return the leased object and the lessor’s obligation to return the remainder of the lease deposit after deducting the lessor’s overdue rent, etc. arising from the termination of the lease agreement, is concurrently performed. The Plaintiffs paid the Plaintiff the amount of unfair profit equivalent to the rent or rent from December 2020 after the termination of the lease agreement in this case.

[Provided, however, as long as the lessee has been in arrears for the third period, the lessor has the right to terminate the contract; and such lessor’s right to terminate the contract is to enable the lessor to escape from the lease contract, which is a continuous contract, in the event of loss of trust due to repeated overdue rent of the lessee. Thus, even if the amount of overdue rent falls short of the three-year period due to reasons such as ex post facto repayment, etc.

Even if a lessor cannot be deemed to have extinguished the right to terminate the contract already acquired, the Plaintiffs may refuse the Defendant’s request for renewal of the contract, which did not pay for more than three months, and on the other hand, the Defendant shall pay the Plaintiffs premium.