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1. The defendant shall be the plaintiff.
A. Of the 138.6 square meters on the ground of the real estate indicated in the attached Form, the indication of the attached Form 1, 2, 5, 4, 1 shall be as follows.
Reasons
1. Facts of recognition;
A. On February 28, 2014, the Plaintiff: (a) leased the instant store from C, the owner of the real estate (hereinafter “instant store”); (b) the deposit amount of KRW 10,000,000; (c) monthly rent of KRW 1,210,000; (d) monthly management fee of KRW 50,000; and (e) the period from March 15, 2014 to March 15, 2016.
B. On June 19, 2014, the Plaintiff transferred to the Defendant a total of KRW 40,000,000,000 for the right to lease and the right to lease deposit with respect to the instant store. On July 15, 2014, the payment period of KRW 20,000,000 out of the transfer price was agreed on July 15, 2014; and the remaining payment period of KRW 20,000,00 was August 15, 2014 (hereinafter “instant transfer/acquisition agreement”); and around that time, the Plaintiff delivered the instant store to the Defendant.
C. After August 15, 2014, the Defendant did not pay KRW 30,000,000 out of the said transfer price to the Plaintiff. Accordingly, the Plaintiff extended the payment period to August 30, 2014.
The Defendant did not pay the Plaintiff KRW 30,000,000 to the end of August 30, 2014.
Accordingly, on September 22, 2014, the Plaintiff sent to the Defendant a certificate of content indicating the cancellation of the instant transfer/acquisition contract on the grounds of the unpaid amount of KRW 30,000,000, which reaches the Defendant on September 25, 2014.
E. The Defendant has been occupying and using the instant store until now, and the Plaintiff has paid C the sum of the rent and management fee for the instant store from August 16, 2014 to the date of 1,260,000 won.
[Ground of recognition] Unsatisfy, entry in Gap evidence 2, 4, 11 (including branch numbers, if any) and the purport of whole pleadings
2. According to the above facts of recognition, since the transfer and acquisition contract of this case was cancelled due to the delay in the performance of the defendant, the defendant delivers the store of this case to the plaintiff by restitution, and as the plaintiff seeks from August 16, 2014 to April 24, 2015, which is the date the judgment of this case was rendered, the sum of the above rent and management fee to April 24, 2015.