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Reasons
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(영문) 광주지방법원 2020.05.26 2019가단539515
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver two floors of the real estate listed in the separate sheet;

(b) KRW 45,170,000 and November 4, 2019

Reasons

1. Facts of recognition;

A. On August 22, 2009, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff with respect to the second floor (hereinafter “instant store”) among the real estate listed in the attached list owned by the Plaintiff, with respect to the lease deposit amounting to KRW 50 million, monthly renting KRW 2.2 million, and the lease term from August 22, 2009 to August 21, 201 (hereinafter “instant lease agreement”), and thereafter the said lease agreement was implicitly renewed.

B. Around September 2013, the Plaintiff and the Defendant agreed to revise the terms and conditions of the said lease agreement to KRW 38,500,000, monthly rent of KRW 1.7 million, and the term of lease from September 4, 2013 to September 3, 2015, and the said modified lease agreement was explicitly renewed.

C. On September 30, 2016, the Plaintiff and the Defendant confirmed that the remainder of the lease deposit is KRW 12,250,000 if the Defendant deducteds the overdue difference from the lease deposit.

As of the end of August 2017, the remainder of the lease deposit was exceeded. On September 4, 2017, the Plaintiff and the Defendant concluded on September 4, 2017 that the lease deposit amount of KRW 30 million, monthly rent of KRW 1.5 million, management fee of KRW 60,000,000, monthly rent of KRW 30 million, and period of lease from September 4, 2017 to December 31, 2019.

On the other hand, the Plaintiff did not pay KRW 30 million to the Defendant, and did not pay only some rents from April 2018 to July 2018.

E. On April 16, 2019, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant lease agreement, and the said content-certified mail reached the Defendant at that time.

F. On the other hand, as of September 3, 2019, the Plaintiff and the Defendant confirmed that they were in arrears of KRW 42,050,000, and signed each other on the details of monthly tax arrears.

Since then, as of November 3, 2019, the Defendant’s failure to pay monthly rent led to a total of KRW 45,170,000 ( KRW 1560,000 ( KRW 1560,00) + 42,050,00).

[Reasons for Recognition] There is no dispute;

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