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1. The defendant
(a) deliver each of the real estate and alcoholic beverage recorded in the Schedule of Attached 1;
(b) Schedule 2.
Reasons
1. Facts of recognition;
A. On November 1, 2013, the Plaintiff concluded a lease agreement with the Defendant by setting the lease deposit of KRW 30 million with respect to the real estate listed in the separate sheet No. 1 and the four main entertainment (hereinafter “instant real estate, etc.”), monthly rent of KRW 2 million, and the lease term from November 1, 2013 to October 31, 2015.
(hereinafter “instant lease agreement”). B.
The Defendant tried to establish a gas station (hereinafter “instant gas station”) on the real estate listed in the attached Table 1 list, and run a petroleum sales business. On November 2, 2013, the Plaintiff entered into a contract with the Defendant for transfer or acquisition of all rights necessary to operate the gas station of this case (hereinafter “instant contract for transfer or acquisition”). On the same day, the Defendant entered into an agreement with the Plaintiff on November 2, 2013, stating that “In the event that the instant contract is terminated or the agreement is terminated while operating the gas station and the name of the operator is changed due to the expiration of the contract, the Plaintiff would not raise an objection, such as accepting succession to the status and using the contract for transfer or acquisition.”
C. Around that time, on November 6, 2013, the Defendant received delivery of the instant real estate, etc., and registered the petroleum selling business (hereinafter “registration of the instant petroleum selling business”) listed in the attached Table 2 in the Baban-gun on attached Table 2 (hereinafter “instant petroleum selling business”), and operated the instant gas station.
However, the Defendant did not pay the monthly rent from December 2013. In the event that the Plaintiff did not pay the overdue rent until July 31, 2014 with the certificate of content on June 30, 2014, the Plaintiff notified that the instant lease contract will be terminated by July 31, 2014, but the Defendant did not pay the overdue rent by the said deadline.
[Grounds for Recognition]
2. Determination
A. According to the above facts, the instant lease agreement on August 1, 2014, which is the day following the due date for the payment of rent.