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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 3, 2012, between the Defendant and the Defendant, the Plaintiff concluded a lease agreement with the sum of KRW 100,000,000 (including KRW 1,2,300,000, 40,000 for the fourth floor, and KRW 6,00,000 for the monthly rent (including KRW 1,2,30,400 for the fourth floor, 40,000 for the fourth floor, 2,00,000 for the fourth floor, 2,00,000 for the fourth floor,00, 4,000,000 for the fourth floor, and 2,00,00,000,000 for value-added tax) and from May 31, 2012 to May 30, 2015.
B. There was a dispute between the Plaintiff and the Defendant due to the Plaintiff’s monthly unpaid rent, but on September 2, 2013, the Seoul Northern District Court rendered an adjustment of the following matters:
(2013s.6341 Building name map and monthly wage return case) decided
1. From October 8, 2013 to May 30, 2015, the Plaintiff shall pay 6.710,000 won to the Defendant on the eight-day day (the entire amount of monthly payments, such as rent, electricity, water supply, and other management expenses) each month. If the Plaintiff fails to pay it once, the instant real estate shall be immediately handed over to the Defendant.
2. On September 2, 2013, the Plaintiff confirmed that, as of September 2, 2013, the rent under the instant rental contract was overdue at least KRW 50 million, and the Plaintiff paid KRW 2 million each month from October 8, 2013 to May 30, 2015, respectively.
Provided, That the real estate of this case shall be delivered immediately if it is delayed once.
3. In the case of delivery pursuant to the above 1 and 2, the defendant shall immediately refund to the plaintiff the balance after deducting the rental fee (including the delayed rental fee) from the rental deposit to the plaintiff by the day following delivery.
In the event of this, 20% interest per annum shall be paid from the day after delivery to the day after full payment.
4. Even if there is no delivery under the above paragraphs 1 and 2, the Plaintiff shall deliver the instant real estate to the Defendant by May 30, 2015, and the Defendant shall refund the remainder of the rental deposit to the Plaintiff under the same conditions as the foregoing 3.
Provided, That May 30, 2015