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1. The defendant,
A. Upon receiving KRW 10,000,000 from the Plaintiff, real estate indicated in the attached Table shall be paid to the Plaintiff.
Reasons
1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff, on April 30, 2016, leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 10 million, KRW 850,000,000, monthly rent, and KRW 850,000,000 from April 30, 2016 to December 12, 2016 (hereinafter “instant lease contract”). The Plaintiff notified the Defendant that the instant lease contract was terminated on June 10, 2016 on the ground that the Plaintiff was in arrears with two or more vehicles, and the Defendant did not pay the Defendant a total of KRW 425,00,000,000 for five months as of October 1, 2016.
According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of intention of termination on the ground of the Defendant’s delay. Thus, the Defendant, barring any special circumstance, is obligated to deliver the real estate of this case to the Plaintiff, and to pay to the Plaintiff the sum of the overdue rent of KRW 4.25 million up to October 1, 2016, the sum of the overdue rent of which is KRW 4.250,000,000 and the amount calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 20 to the date of full payment, which is the day following the delivery of the copy of the complaint of this case.
2. Judgment on the defendant's assertion
A. (1) (1) The Defendant asserts that the instant lease agreement was null and void in violation of Article 11 of the Commercial Building Lease Protection Act and Article 4 of the Enforcement Decree of the same Act, since the rent stipulated in the previous lease agreement with the Plaintiff was KRW 70,000 per month, but the rent was increased to KRW 8,50,000 per month when entering into the instant lease agreement, and that the notification of the termination of the lease agreement by the Plaintiff, which was based on the premise, is unlawful.
(2) For the purpose of Article 11(1) of the Commercial Building Lease Protection Act, rent or deposit shall be made.