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1. The Defendants shall deliver to the Plaintiff the 4th floor of 136.7 square meters among the real estate listed in the attached list, and Defendant B Co., Ltd.
Reasons
1. Basic facts
A. On March 14, 2016, the Plaintiff entered into a lease contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) by setting the lease deposit of KRW 30,00,000, monthly rent of KRW 1,60,000 (excluding value-added tax), monthly management expenses of KRW 500,000 (excluding value-added tax), and from April 15, 2016 to April 14, 2018 (hereinafter “instant lease contract”). Around that time, the Plaintiff received KRW 30,000,000 from Defendant B for lease deposit money of KRW 30,000,000 from the real estate indicated in the attached list, and handed over the instant building to Defendant B.
B. At the time of the conclusion of the instant lease agreement, the Plaintiff and Defendant B agreed that the Plaintiff may terminate the instant lease agreement if the annual rent reaches the amount of three times of rent (see Article 4 of the contract). Under the Plaintiff’s consent, Defendant B sublets the instant building to Defendant C, an incorporated association (hereinafter “Defendant Association”), thereby occupying and using the instant building.
C. Meanwhile, as of November 30, 2016, Defendant B unpaid KRW 6,930,00 [2,310,000 + [1,60,000 won x 1.00 won] x 3] as of November 30, 2016, Defendant B sent to Defendant B a postal item proving that the instant lease contract is terminated on the grounds of the foregoing rent delay, and thereafter, the said postal item reached Defendant B around that time.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 8, purport of the whole pleadings]
2. According to the above facts, the instant lease contract was lawfully terminated by the Plaintiff’s declaration of intent to terminate the lease and terminated the lease right upon termination of the lease contract’s termination. Thus, the Defendants, either the lessee or the sub-lessee, are obligated to deliver the instant building to the Plaintiff. However, upon termination of the lease, the lessor’s duty to return the lease deposit and the lessee’s duty to return the leased object.