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1. From January 1, 2015 to January 1, 2015, the Defendant indicated the attached Form 2 drawings among the real estate listed in the attached Table 1 from the Plaintiff’s KRW 10 million.
Reasons
1. Facts of recognition;
A. On July 1, 2010, the Defendant entered into an agreement with C and three other parties on the following terms: (a) the size of 99.2 square meters on the part of the store in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the real estate listed in attached Table 1 (hereinafter “instant building”); (b) the lease deposit is KRW 10 million; and (c) the monthly rent is KRW 1,320,000; and (d) the Defendant entered into an agreement with C and three parties on the following terms: (a) the lease deposit is KRW 9.2 square meters on the part of the store in the attached Form 2 (Ga) and the monthly rent is KRW 1,320,000; and (b) the equipment and the premium is not recognized; and (c) the Defendant
B. On July 2013, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in attached Form 1.
C. On November 21, 2013, the Plaintiff agreed to the Defendant that the instant building should be restored to its original state at the Defendant’s expense, and if the building of this case is reconstructed, it shall be restored to its original state within three months from the date of receipt of notice of reconstruction without any condition, by transferring it to the Defendant within three months from the date of receipt of notice of reconstruction.
(hereinafter referred to as “instant lease agreement”). [Grounds for recognition: Entry of evidence Nos. 1-1 to 2-4 of evidence No. 1-4, the purport of the whole pleadings]
2. Determination
A. According to the above facts, the instant lease contract was terminated upon the expiration of one year from December 1, 2013, and where the lease contract is terminated, the lessor’s obligation to return the lease deposit and the lessee’s obligation to deliver the leased object are in the relationship of simultaneous performance. Thus, the Defendant calculated from the Plaintiff at the rate of KRW 1,452,00 (132,00 won) from January 1, 2015 to the completion date of delivery of the instant building.