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1. From 11,530,000 won to 11,530,00 won, the Defendant shall deliver the real estate listed in the separate sheet from November 1, 2018 to the completion date of delivery.
Reasons
1. Basic facts
A. On September 24, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20,000,000, KRW 1,210,000 (including value-added tax, and payment after the last day of each month) for the lease deposit, and from October 31, 2012 to October 30, 2014 for the lease term (hereinafter “instant lease agreement”).
On the other hand, according to the instant lease agreement, the Plaintiff may terminate the lease agreement immediately if the Defendant fails to pay rent more than twice.
(Article 4). (b)
The plaintiff received a lease deposit from the defendant, and delivered the real estate of this case to the defendant, and the defendant occupies and uses the real estate of this case as is owned by the defendant.
C. Although the instant lease agreement had been explicitly renewed even after the expiration of the lease term, the Defendant did not pay the Plaintiff the rent from April 2018 to the date.
Accordingly, the Plaintiff received the instant complaint on November 5, 2018, stating the intent to terminate the instant lease agreement on the grounds of unpaid rent, to this court. A duplicate of the complaint was served on the Defendant on November 19, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 and 4, facts with merit in this court, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the instant lease contract was terminated on November 19, 2018, stating that the lease contract is terminated on the grounds of overdue delay at least twice the Defendant’s two occasions.
The Defendant, as above, obtained a profit equivalent to the rent by occupying and using the instant real estate from the termination of the instant lease agreement until the closing date of the argument, and thereby, incurred a loss equivalent to the same amount to the Plaintiff.