beta
Text
1. The defendant shall be the plaintiff.
(a) deliver real estate indicated in the annexed real estate;
(b) KRW 8,840,000 and this shall apply;
Reasons
1. Facts recognized;
A. On October 18, 2014, the Plaintiff leased the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 350,000 per month, setting the lease period from October 22, 2014 to October 21, 2016, and the monthly rent as KRW 350,000.
(hereinafter referred to as the "Lease of this case")
The Defendant agreed to pay the Plaintiff a monthly rent in advance, and did not pay a total of 700,000 won of the monthly rent and August 2016.
C. The Plaintiff and the Defendant raised the monthly rent of the instant real estate from January 2017 to KRW 400,000. The Defendant did not fully pay the Plaintiff the monthly rent from April 22, 2017.
On May 16, 2017, the Defendant spent KRW 2.60,000 from C in relation to water leakage generated from the instant real estate, and the Plaintiff tried to deduct this KRW 2.60,000 from the monthly income tax that was not received.
E. On December 24, 2018, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the expiration of the term of validity and the delay of at least twice a month, by serving a duplicate of the instant complaint served on the Defendant.
[Grounds for Recognition] Cleared Facts on records, absence of dispute, Gap evidence 1 to 3 (including paper numbers), Eul evidence 1, the purport of the whole pleadings
2. In light of the facts established in the judgment on the Plaintiff’s claim, the lease of this case is deemed to have been terminated by the delivery of a duplicate of the instant complaint. As such, the Defendant’s transfer of the instant real estate to the Plaintiff, and the Defendant’s annual rate of 8,840,000 won calculated by deducting the total sum of KRW 700,000,000,000,000, which is the sum of the rent unpaid from August and August 2, 2015, and KRW 8,40,000,000,000, which is the sum of the rent unpaid from April 22, 2017 to December 22, 2018, as well as the remaining KRW 8,40,000,00,000, which is the sum of the rent that was paid from April 22, 201 to June 17, 2019.