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The Defendant, as the Plaintiff
A. Of the fourth floors of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1 shall be in sequence.
Reasons
1. Basic facts
A. On February 4, 2014, C entered into a lease agreement between D and D, setting the lease agreement on the part of 165 square meters in a ship connected with each point of the attached Table 1, 2, 3, 4, and 1 among the four floors of the building listed in the attached Table owned by it (hereinafter “instant building”) as KRW 5 million in a lease deposit, KRW 5 million in a rent month, KRW 500,000 in a rent month, and KRW 36 months from February 17, 2014.
B. After that, on August 9, 2016, C entered into a lease agreement with the Defendant, who succeeded to the status of a lessee under the above lease agreement with D on the condition that the lease deposit and rent are the same as the above lease agreement, but that the lease term is set from August 9, 2016 to 36 months (hereinafter “instant lease agreement”). On January 22, 2019, the Plaintiff succeeded to the status of the lessor of the instant lease agreement by completing the registration of transfer of ownership based on inheritance by agreement division on December 20, 2018.
C. As of February 10, 2020, the Defendant delayed the payment of the rent for 19 months. On February 10, 2020, the Plaintiff filed the instant lawsuit seeking the termination of the instant lease agreement and the delivery of the instant building on the grounds of the Defendant’s delinquency in rent. The duplicate of the instant complaint was served on the Defendant on April 12, 2020.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated on the ground of the defendant's delinquency in rent, the defendant delivers the building of this case to the plaintiff, and the total of KRW 10,450,000 (=550,000 won x 19 months) and the damages for delay calculated at the rate of 12% per annum from April 13, 2020 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, shall be paid, and from February 25, 2020 to the day of completion of delivery of the building of this case.