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1. The defendant is against the plaintiff (appointed party) and the appointed party C:
(a) deliver the real estate listed in the separate sheet;
(b) each of 3.3.
Reasons
1. Facts of recognition;
A. On December 22, 2017, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and Selected C (hereinafter “Plaintiffs, etc.”) completed the registration of ownership transfer for each 1/2 share of real estate listed in the separate sheet owned by Sejong Co., Ltd. (hereinafter “instant building”) on the grounds of sale on the same day.
B. On December 22, 2017, the Plaintiff et al. decided to succeed to the status of the lessor with respect to the instant building lease agreement concluded between the former owner, the Plaintiff et al., and the Defendant, drafted the following lease agreement (hereinafter “instant lease agreement”) with the Defendant.
Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice continuously or has violated Article 3, on more than two occasions, the lessor may terminate the contract immediately.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
Special Agreement Matters:
1. This contract is a succession contract due to the transfer of ownership in the commercial building.
2. A lessee may not request the lessor to provide the key money and time facilities.
C. The Defendant did not pay KRW 6.6 million in total of the rent from February 2018 to April 2018 and KRW 1,063,60 in management expenses until July 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 8-1 and 2, the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. According to the above facts, the instant lease contract was lawfully terminated by the Plaintiff, etc.’s declaration of termination of the contract on the grounds of the Defendant’s delinquency in rent for more than two years.
Therefore, the defendant shall restore the building to its original state, except in special circumstances.