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1. The Defendant shall deliver to the Plaintiff the real estate indicated in the “Real Estate Indication” attached to the Plaintiff.
2. The defendant.
Reasons
In light of the facts without dispute, Gap evidence Nos. 1 and 12, the defendant entered into a contract for leasing the real estate of this case, such as the indication of "real estate to be named" from the plaintiff on August 29, 2018, and the lease term is set at KRW 5 million from September 1, 2018 to August 31, 2020, and KRW 400,000,000,000 from the date of the contract, and the defendant paid KRW 4 million from the date of the contract to the plaintiff on October 31, 2018, and the defendant did not pay the remaining KRW 1 million until October 31, 2018, but the defendant did not pay it after the first month, and the fact that the plaintiff's complaint of this case was delivered to the court on September 27, 2019, which clearly stated that the lease contract of this case was terminated due to the defendant's default.
On the other hand, the defendant asserts that around September 14, 2018, through the outer wall of the real estate of this case, water spawn was damaged, and the fire doors were not installed.
In light of the fact that there is such a defect in the real estate of this case, and this is a large scale belonging to the duty of repair of the plaintiff, a lessor (see, e.g., Supreme Court Decision 96Da44778, 44785, Apr. 25, 1997). Accordingly, it interfered with the use and profit-making of the real estate of this case, which is the object of lease, and the degree of interference, etc., of the order of the court for the preparation of the tination, and there
Therefore, the lease contract was lawfully terminated on July 22, 2019, and the lease deposit amount of 4 million won was deducted from the overdue rent or unjust enrichment from October 1, 2018 to July 31, 2019.
Therefore, the Defendant delivered the instant real estate to the Plaintiff, and KRW 400,000 per month from August 1, 2019 to the completion date of delivery of the said real estate.