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1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and deliver the said real estate from August 24, 2018.
Reasons
1. Fact-finding;
A. On June 24, 2015, the Plaintiff, as the owner of the real estate listed in the attached list (hereinafter “instant real estate”), was leased to the Defendant with the lease deposit of KRW 45 million, KRW 2.3 million per month, and the lease period of KRW 24 months.
B. After that, the Defendant has operated the furniture sales store in the name of “C” in the instant real estate.
C. However, on the ground that the Defendant was in arrears for at least five months from September 24, 2017 (based on the period of use), the Plaintiff notified the Defendant of the termination of the instant lease agreement on March 5, 2018, and then filed the instant lawsuit around April 2018. The Defendant, while the instant lawsuit is pending, provided the Plaintiff with KRW 2,770,000,000 on July 12, 2018, in addition to remitting the amount of KRW 2,2770,00 to the overdue rent for the nine-month period from August 4, 2018 and KRW 2,530,000 on September 19, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, and 8, purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the instant claim, since the instant lease contract was terminated on the grounds of delinquency in rent for at least five months, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount equivalent to the rent calculated by the ratio of KRW 2,530,000 (including value-added tax) from August 24, 2018 to the date of delivery of the said real estate.
(B) The rent paid by the Defendant during the instant lawsuit was appropriated for the rent from September 24, 2017 to August 23, 2018).
As to the defendant's assertion and its determination, the defendant takes a large number of time and expenses to directors (the defendant paid a large amount of money to the director) due to the nature of the "W&W household" handled by the defendant, and has paid that amount is higher than that of nearby similar stores. After the lease contract of this case, the defendant is very unstable in situations such as real estate auction 4-5.