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1. The Defendant shall deliver from the Plaintiff KRW 7,630,00 to the 7,630,000, the attached real estate indicated in the indication of the attached real estate from March 1, 2020.
Reasons
1. Facts of recognition;
A. On November 1, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, and with respect to the attached real estate indicated on the real estate owned by the Plaintiff (hereinafter “instant real estate”), with the term of lease from December 1, 2019 to November 30, 2020, with the lease deposit of KRW 10 million, the lease deposit of KRW 350,000 per month, and the rent of KRW 350,000 per month. The other main contents are as follows.
Article 4 (Termination of Contract) If the lessee's overdue overdue interest reaches the amount of the rent for the second term, or if the lessee violates Article 3, the lessor may terminate this contract, i.e., when the lessee has violated Article 3.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
C. In such cases, the lessor shall return the deposit to the lessee, and if the lessor has the overdue rent or damages, he shall remove it and refund the balance thereof.
B. From the end of November 2019, the Defendant received the instant real estate from the Plaintiff and occupied and used the said real estate to the present time. The Defendant paid only KRW 7.63 million out of the lease deposit to the Plaintiff, and the monthly rent was paid only KRW 3.5 million on December 1, 2019.
C. On February 11, 2020, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds that the Defendant did not pay the amount of KRW 2.37 million out of the above lease deposit, the amount of January 2020, and the amount of KRW 2.3 billion.
On the other hand, the Plaintiff filed the instant lawsuit on February 26, 2020, and expressed his/her intent to terminate the lease agreement on the grounds of unpaid rent, and the duplicate of the instant complaint containing such declaration of intent was served on the Defendant on March 4, 2020.
E. Meanwhile, the Defendant paid a part of the instant complaint to the Plaintiff after being served with the duplicate of the instant complaint, and did not pay the Plaintiff as from March 1, 2020.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, respectively,