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1. The defendant delivers the building indicated in the separate sheet to the plaintiffs, and the building from January 8, 2017 to the above building.
Reasons
1. Basic facts
A. On September 28, 2016, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease of KRW 40,00,000 as indicated in the attached list (hereinafter “instant building”) and KRW 1,50,000 per month of rent (after October 1, 2016) from October 1, 2016 to October 6, 2018.
B. However, as the Defendant did not pay the remainder of the agreed period without paying KRW 800,000,000 among the security deposit, the Plaintiffs added a special clause to the effect that “The remainder of KRW 32,000,000 of the security deposit shall be paid in full until November 30, 2016 and there shall be no business intent in default,” which is deemed null and void in this contract, on October 31, 2016, deeming that the lessee would waive the remainder and the intermediate payment of KRW 8,00,00 in accordance with the breach of the contract.”
C. After that, the Defendant did not pay the remainder of the deposit to the Plaintiffs, the Plaintiffs notified the Defendant of the rescission of the instant lease agreement on or around December 2016.
In this regard, the defendant requested the return of facility costs, and has refused to return the building in this case until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The fact that the plaintiffs notified the Defendant of the rescission of the instant lease agreement on the ground that they failed to perform their obligation to pay the deposit amount, and that such notification was delivered to the Defendant is as seen earlier. Accordingly, the said lease agreement was terminated.
Therefore, the defendant delivers the building of this case to the plaintiffs, and the defendant's last rent payment period of the defendant is the person who received the difference of KRW 1,500,000 from the defendant as of November 7, 2016 and December 7, 2016, respectively, and the defendant paid KRW 1,50,000 to the plaintiffs as of January 9, 2017 in full view of the purport of the argument in subparagraph 1.