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1. The Defendants are to the Plaintiff:
(a) deliver the buildings listed in the separate sheet;
(b) Joint and several 13,860,000 won and April 2020.
Reasons
On July 30, 2017, the Plaintiff entered into a lease agreement between the Defendants and the Defendants on the real estate listed in the separate sheet (hereinafter “instant real estate”) with a lease deposit of KRW 20 million, monthly rent of KRW 1980,000 (including value-added tax; hereinafter the same shall apply), and the lease agreement between August 1, 2017 and July 31, 2020 (hereinafter “instant lease agreement”). The Plaintiff delivered the instant real estate to the Defendants; the Defendants did not pay 18620,000 out of the rent from October 1, 2018 to September 30, 2019; the Plaintiff did not pay the Plaintiff the remainder of the pleadings as at the time of delinquency until 30,000,000, including the Plaintiff’s share of the instant real estate from August 1, 2015, and the Plaintiff’s share of the instant real estate after the lapse of the rent of the Defendants; or the Defendants’ share of the instant lease number of KRW 17,0.
According to the above facts, the instant lease agreement was lawfully terminated on November 15, 2019 due to the Plaintiff’s declaration of the termination of the lease agreement on the ground of delinquency by the Defendants, and thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and to pay the amount calculated by the rate of KRW 13,860,000 per month from April 1, 2020 to the completion date of delivery of the instant real estate.
Defendant B asserted to the effect that the instant lease contract term remains through the written response submitted after the closing of the argument in this case, and even if it is deducted from the overdue monthly rent, there remains no obligation to deliver each of the instant real estate. However, the remainder of the deposit alone is a monthly rent.