beta
Text
1. The defendant delivers to the plaintiff the real estate indicated in the attached list, and from November 30, 2019, the above real estate.
Reasons
1. Determination as to the cause of claim
A. According to the purport of Gap evidence Nos. 1 through 6 and the entire pleadings, the plaintiff and the defendant entered into a lease contract (hereinafter referred to as "the lease contract in this case") with a deposit of KRW 10,000 won, monthly rent of KRW 7,50,000, and the period from June 29, 2018 to June 28, 2020 as to the real estate listed in the separate sheet owned by the plaintiff (hereinafter referred to as "the real estate in this case") on May 10, 2018. The defendant was not paid four months from Oct. 29, 2018 to Sept. 28, 2018, and the defendant received the deposit from the plaintiff on June 10, 2019 to June 28, 2018 (the payment of KRW 4 months from June 29, 2018 to September 31, 2018).
7. The plaintiff 30. The same year
8. The Plaintiff prepared a letter of intent to deliver the said real estate until August 15, 201, and the Plaintiff, on August 14, 2019, was unable to deliver the said real estate to the Defendant by the said date, after deducting the monthly rent close from the deposit from the deposit until August 25, 2019, the Plaintiff would terminate the instant lease contract after settling the public charges.
The defendant can recognize the fact that he has possessed the real estate of this case until now.
B. According to the facts of the recognition of the above request for extradition of real estate, the instant lease agreement was lawfully terminated on August 25, 2019 upon the Plaintiff’s declaration of termination, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
C. By November 29, 2019, the date of the closing of argument in this case, the Defendant’s overdue rent and illegal gains equivalent to the overdue rent and illegal gains are KRW 9 million in total (the sum of the overdue rent and illegal gains from June 29, 2018 to November 29, 2019 - the sum of KRW 1,2750,000 in total 3,750,000 in the annual rent and illegal gains from June 29, 2018 to November 29, 2019), and the Defendant asserts that the deposit balance should be deducted from the foregoing overdue rent and the Plaintiff did not dispute this. Accordingly, the Defendant did not dispute this, from November 30, 2019 to November 7, 2000 won in each month.