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1. The defendant,
A. 3,920,000 won shall be paid to the Plaintiff;
(b) The real estate indicated in the annex to the successor intervenor.
Reasons
1. Facts of recognition;
A. On August 1, 2013, the Plaintiff entered into a lease agreement with the Defendant on a deposit for the lease of KRW 10,000,000, monthly rent of KRW 600,000, and the lease period of KRW 600,00, and the lease period of KRW 2 years from August 1, 2013 (hereinafter “instant lease agreement”), and leased the instant building to the Defendant.
B. From April 10, 2016, the Defendant delayed payment of more than two period of rent, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds thereof on September 21, 2016.
C. On October 26, 2016, the succeeding intervenor purchased the instant building from the Plaintiff and acquired its ownership.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Inasmuch as the instant lease agreement was terminated, the Defendant is liable to deliver the instant building to the Plaintiff or the Intervenor and pay KRW 9,184,790 to the Plaintiff and the Intervenor the unpaid management expenses from August 2013 to March 2016. 2) Furthermore, the Defendant is liable to compensate the Plaintiff for damages calculated by the ratio of KRW 600,000 per month, which is equivalent to the rent, from October 30, 2016 to the completion date of delivery of each of the instant building.
B. According to the fact that the instant lease contract was terminated on September 21, 2016 due to the Defendant’s delinquency in payment of rent, the Defendant lost the source of possession right to the instant building. Therefore, the Defendant is liable to deliver the instant building to the owner and compensate for the damages equivalent to the rent due to illegal possession.
However, since the succeeding intervenor purchased the instant building from the Plaintiff on October 26, 2016 and acquired its ownership, the Defendant is obligated to deliver the instant building to the succeeding intervenor.
In addition, the defendant started to pay the rent from April 10, 2016 to the ownership of the building of this case.