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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
(b) 560,509,355 Won and 532,879,254 out of them;
Reasons
1. Facts of recognition;
A. The Plaintiff leased the land indicated in the attached Form and its ground factory (hereinafter collectively referred to as “instant real estate”) to the Defendant, and the lease term is from March 1, 2014 to December 31, 2015, and the rent is KRW 22,345,538 per month.
The above contract was extended by June 30, 2016.
(hereinafter “instant lease agreement”). B.
The defendant does not pay rent from January 1, 2016.
Article 4(3) and (4) of the instant lease agreement provides that “If the Defendant fails to pay the rent from time, the penalty calculated at the rate of 12% per annum shall be paid to the Plaintiff.”
C. After receiving the instant real estate from the Plaintiff in accordance with the instant lease agreement, the Defendant occupies, uses, and benefits from the instant real estate even until now.
The rent from July 1, 2016 to December 31 of the same year is KRW 230,560,00 per annum, and the rent from January 1, 2017 to October 25 of the same year is KRW 270,908,376 per annum (=basic price of KRW 9,030,279,279,200 x 0.030 per annum), and the rent after October 26, 2017 is confirmed as equal to KRW 270,908,376 per annum.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 7 (including paper numbers; hereinafter the same shall apply), appraiser B's appraisal result, the purport of the whole pleadings
2. Determination
A. 1) Inasmuch as the instant lease agreement has expired on June 30, 2016, the Defendant is obligated to deliver the instant real estate to the Plaintiff. 2) As to this, the Defendant concluded a contract on another land as a factory site. However, the Defendant asserts that it is difficult to accept the Plaintiff’s claim in this case, but it does not constitute a legitimate ground for defense.
B. Since the instant lease agreement was terminated on June 30, 2016, the Defendant shall not pay the Plaintiff the following table 1.