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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. 1 From April 13, 2018, the above A.
(b).
Reasons
The Plaintiff acquired ownership of real estate listed in the separate sheet (hereinafter “instant apartment”) on June 23, 2017. On November 6, 2017, the Plaintiff: (a) leased the instant apartment to the Defendant as “the lease deposit KRW 20 million, monthly rent of KRW 800,000,000 from November 12, 2017 to November 11, 2019” (hereinafter “instant contract”); (b) the Defendant did not pay the rent of KRW 3.2 million in total four times until April 12, 2018; and (c) the Plaintiff, on March 19, 2018, declared that the instant apartment was terminated on the grounds of arrears between the Defendant and the Defendant, or on March 19, 2018, pursuant to the purport of the entire pleadings and evidence Nos. 1, 3.6.
According to the above facts, the instant contract was terminated on or around March 19, 2018, when the Plaintiff expressed the intention to terminate the contract in accordance with the Defendant’s two or more rents, and thus, it is deemed that the contract was terminated on or around March 19, 2018 (or was terminated on April 11, 2018, when the duplicate of the complaint in this case, including such expression of intent, was served on the Defendant). The Defendant is obligated to deliver the instant apartment to the Plaintiff, and to pay damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from April 13, 2018 to April 12, 2018, the amount of the instant apartment KRW 3.2 million unpaid from April 12, 2018, and the following day following the delivery of the written application for alteration of the purport of the instant claim and the cause of the claim.
The defendant alleged that the plaintiff agreed to repair the time when the contract of this case was entered into, but did not perform the agreement. However, the data submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
In addition, such circumstance alone is based on the defendant's delinquency in rent.