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1. The Defendants jointly do so to the Plaintiff:
(a) deliver the real estate listed in the separate sheet;
(b) from October 13, 2020 to A.
Reasons
Basic Facts
A. On December 13, 2018, the Plaintiff was the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). On December 13, 2018, the Plaintiff concluded a contract to lease the instant real estate to Defendant B Co., Ltd. (hereinafter “Defendant B”) by setting the deposit amount of KRW 5 million, monthly rent of KRW 700,000 (Additional Tax), and the lease term of December 12, 2019 (hereinafter “instant lease agreement”).
B. From July 13, 2019, Defendant B did not pay the rent. On December 22, 2019, the Plaintiff and Defendant B drafted a written confirmation containing the following:
2. The lessor and the lessee have terminated the lease contract due to the arrears of the rent on the above mentioned real estate and due to the expiration of the lease term on December 12, 2019.
3.It is confirmed that the above-mentioned real estate is currently occupied and used by C without the lessee's consent or permission.
4. The lessee, on January 12, 2020, orders the lessor to provide the above-mentioned real estate.
5. Where a lessee completes an order of surrender by January 12, 2020, the lessor shall pay the remainder after deducting the rental fee from the deposit of five million won to the date of arrears from July 2019 to January 2020, the lessor shall pay the remainder after deducting the rental fee of 4.2 million won in arrears and the rental fee of 4.2 million won from the deposit of five million won to the date of January 12, 2020.
C. Defendant C and D filed a move-in report on the instant real estate on July 29, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) Inasmuch as the instant lease agreement terminated on December 12, 2019, Defendant B has a duty to deliver the instant real estate to the Plaintiff, and Defendant C and D possess the said real estate without any possession title. As such, Defendant B did not pay the said real estate from July 13, 2019 to December 12, 2019, Defendant B was obligated to deliver the said real estate to the Plaintiff as the owner. In addition, Defendant B did not pay the said real estate from July 13, 2019 to December 12, 2019 (=70,000 won).