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1. Defendant B: The Plaintiff
(a) deliver the real estate listed in the annex;
B. 17,096,997 Won and its corresponding, February 26, 2019
Reasons
1. Facts of recognition;
A. The instant real estate was owned by D.
Deposit: Monthly rent of KRW 30,000: from July 23, 2018 to July 23, 2020: Term of KRW 2,900,000;
B. On July 23, 2018, D entered into a lease agreement with Defendant B on the instant real estate with the following terms:
C. Defendant B received the instant real estate delivery and operated a general restaurant with the trade name of “Ecomment point.”
D The Plaintiff died on September 23, 2018, and on January 25, 2019, the Plaintiff succeeded to the rights and obligations of D regarding the instant real estate through an inheritance division consultation.
E. Defendant B paid KRW 17,00,190,000 on November 17, 2018 under the name of Defendant C, one of whom he/she or his/her children, and KRW 1,00,000 on November 26, 2018, and KRW 1,000,00 on December 13, 2018, and KRW 2,000,000 on January 16, 2019, and did not pay KRW 17,096,97 on February 28, 2019.
F. On February 27, 2019, the Plaintiff: (a) drafted a written statement to the Defendant B that the instant lease agreement was terminated on the grounds that Defendant B was in arrears for at least three months; and (b) delivered the said written document to the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. According to the facts found in the determination as to the claim against Defendant B, the instant lease agreement was terminated as the nonperformance of obligation by Defendant B, and Defendant B occupied the instant real estate without any legal cause, obtained profit equivalent to the rent, and suffered damages equivalent to the same amount to the Plaintiff. As such, Defendant B transferred the instant real estate to the Plaintiff, and transferred the overdue rent of KRW 17,096,997 until February 28, 2019, and the amount of the overdue rent of KRW 17,096,997, upon the Plaintiff’s request, from February 26, 2019 to May 31, 2019, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from February 26, 2019 to May 31, 2019, and from the next day to the date of full payment, to the date of full payment.