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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On August 17, 2008, C, which was the former husband of the Plaintiff, concluded a lease agreement with D, which provides that the building indicated in the attached list (hereinafter “instant house”) between the Defendant’s wife D, shall be KRW 5,000,000, monthly rent of KRW 250,000, and the period from August 30, 2008, shall be 12 months, and thereafter, the instant house was handed over around that time.
B. After that, C and D have renewed the above lease contract every one year (However, from September 2009, the Plaintiff entered into a lease contract as a lessor from the time when the above lease contract was renewed on August 25, 2011, and on August 26, 2013, the Defendant entered into a lease contract with the Plaintiff as a lessee when the above lease contract is renewed on August 26, 2013, and at the time when the lease contract was entered into on August 26, 2013, the contract may be terminated at a time of unpaid monthly rent for at least three months.
(c) On June 11, 2014, the Plaintiff sent to the Defendant a certificate of content that “if the monthly wage is not paid by July 31, 2014, the monthly wage is not paid, by August 30, 2014,” and the said certificate of content reaches the Defendant on June 12, 2014.
Meanwhile, the details of monthly rent paid by the Defendant or D from the date of delivery of the instant house to the present date are as shown in the attached Table “The details of monthly rent payment.”
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3, 5, 7, 9, and the purport of the whole pleading
2. According to the facts of the determination as to the cause of the claim, the above lease agreement between the plaintiff and the defendant was terminated on August 30, 2014 by the plaintiff, a lessor, and thus, barring any special circumstance, the defendant is obligated to deliver the house of this case to the plaintiff.
3. Judgment on the defendant's assertion
A. First of all, the Defendant shall until the deposit is returned to KRW 650,000 as well as KRW 2,000,000 as stated in the contract, in the course of adjusting the deposit from KRW 5,000 to KRW 2,00,000,000.