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1. The defendant shall be the plaintiff.
(a) deliver the third floor part of the real estate listed in the separate sheet 87.96 square meters;
(b) 7,800,000 won;
Reasons
Basic Facts
On December 31, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff stating that deposit amount of KRW 10,000,000 for the third floor and KRW 600,000 for the rent (payment on January 1), and the term of the lease for the rent shall be from December 31, 2014 to December 31, 2016. The Defendant shall make a three-month payment in advance for the rent and pay KRW 10,000 for the deposit after three months thereafter (hereinafter “instant lease agreement”).
In accordance with the instant lease agreement, the Plaintiff delivered the instant real estate to the Defendant, but the Defendant did not pay the said security deposit to the Plaintiff, but did not pay it as from March 2016. The Plaintiff notified the Defendant that the instant lease was terminated on several occasions.
On December 28, 2016, the Defendant received a request from the Plaintiff for overdue rent and delivery of the instant real estate from the Plaintiff on several occasions, but did not pay the instant real estate for ten months from March 2016 to December 2016 due to the Defendant’s circumstances and did not deliver the instant real estate. However, the Defendant drafted a letter of intent to deliver the instant real estate if it is unable to renew the contract by February 15, 2017.
The rent that the Defendant did not pay to the Plaintiff by March 2017 is KRW 7,800,000 (=600,000 x 13 months from March 2016 to March 2017).
[Grounds for recognition] The above facts are established based on the absence of dispute, Gap evidence Nos. 1 through 4, and the purport of the whole argument, and the lease contract of this case was lawfully terminated by the plaintiff's termination notice on the ground of overdue delay around December 28, 2016.
Therefore, the Defendant delivered the instant real estate to the Plaintiff, and the unpaid rent of KRW 7,800,00,000 and the following day following the delivery of a copy of the instant complaint from May 16, 2017 to September 12, 2017, which is the date of this judgment.