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1. The Plaintiff:
A. Defendant B Co., Ltd. shall deliver 116.67 square meters underground among the real estate listed in the attached list, and 6,900.
Reasons
1. Facts of recognition;
A. On January 2, 2012, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) as the owner of real estate listed in the separate sheet, setting the lease agreement between KRW 15,00,000, monthly rent of KRW 1,250,000, and the period from January 1, 2012 to December 31, 2012.
B. On March 11, 2014, the above lease agreement was renewed between the Plaintiff and the Defendant Company. On March 11, 201, the Plaintiff entered into a lease agreement with the Defendant Company to pay the monthly rent of KRW 1,00,000, monthly management expenses of KRW 50,000, and the period from January 1, 2014 to December 31, 2014, and the lessee entered into a lease agreement to pay the lessor the monthly rent, value-added tax on monthly rent, and management expenses.
C. Defendant C occupied and used the instant building with D’s representative director, the Defendant Company’s representative director.
From July 2014, Defendant Company did not pay rent and management expenses, and on November 25, 2014 and March 23, 2015, the Plaintiff sent to the Defendant Company a content-certified mail that the lease contract is terminated.
[Reasons for Recognition] 2, 3, 2, 1, 3-1 to 3-3, and the purport of the whole pleadings
2. Determination:
A. According to the above facts, the Defendant Company did not pay monthly rent, and the Plaintiff expressed his intent to terminate the lease agreement, and the lease agreement between the Plaintiff and the Defendant Company was terminated.
Therefore, Defendant C has the duty to deliver the instant building to the Plaintiff, and Defendant C, which possesses the instant building, has the duty to withdraw from the instant building.
B. Furthermore, the fact that the Defendant Company did not pay rent and management expenses monthly from July 1, 2014 is as seen above. As such, the Defendant Company did not pay overdue rent from July 1, 2014 to December 31, 2014; the amount equivalent to the value-added tax; the aggregate of management expenses; and the amount equivalent to the value-added tax 6,90,000 won 6,000.