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1. The Defendant shall have the entire area of two-story retail stores with 302.82 square meters and five-story private teaching institutes with 243.3 square meters among the real estate listed in the attached Table list to the Plaintiff.
Reasons
1. Basic facts
A. On June 30, 2015, the Plaintiff leased (hereinafter “instant lease agreement”) a deposit of KRW 100,200, monthly rent of KRW 200,000 (including value-added tax; hereinafter the same shall apply), management fee of KRW 100,00, and KRW 243,30,000 of the five-story private teaching institutes among the said real estate (hereinafter “the instant five-story”) to the Defendant with regard to the part of KRW 302,82,00 square meters of the second-story retail store among the real estate listed in the attached list in the attached list, with regard to KRW 100,00, monthly rent of KRW 1,980,00, management fee of KRW 300,000, and each period from June 15, 2015 to March 14, 2016.
B. On June 16, 2015 and July 24, 2015, the Defendant paid the Plaintiff the rent and management fee for two months according to the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 4, the purport of the whole pleadings
2. According to the allegations and the above findings, the Defendant did not pay rent and management expenses after August 15, 2015 under the instant lease agreement, and the Plaintiff expressed its intent to terminate the instant lease agreement on the grounds of overdue rent, etc. in the instant case. Thus, the instant lease agreement was lawfully terminated.
Therefore, the Defendant is obligated to deliver the instant second and fifth parts to the Plaintiff, and as requested by the Plaintiff from August 15, 2015 to the completion date of delivery of the said building, the Defendant is obligated to pay 2,300,000 won per month for the instant second floor (i.e., rent of KRW 2,200,000,000) and 2,280,000 won per month for the instant fifth floor (i.e., rent of KRW 1,980,000, management fee of KRW 300,000), as regards the instant fifth floor (i.e., rent of KRW 1,980,00).
(3) If so, the plaintiff's claim of this case is justified within the extent of the above recognition, and the remaining claim is without merit.