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1. The Plaintiff:
A. Defendant B delivers the real estate listed in the separate sheet;
B. Defendant C is entitled to the above real estate.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”).
B. On November 10, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the condition that the instant apartment was leased to Defendant B by setting the deposit amount of KRW 5,000,000, monthly rent of KRW 2,000,000, and the lease period of KRW 2,000 from November 21, 2014 to November 21, 2015. On November 21, 2014, the Plaintiff transferred the said apartment to Defendant B.
C. Defendant B paid the Plaintiff a monthly rent of KRW 2,00,000 on December 31, 2014, and did not pay the Plaintiff a monthly rent of KRW 2,00,000.
Accordingly, on February 18, 2015, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of the delinquency in payment of rent for at least two years.
On the other hand, on December 11, 2014, Defendant C entered into a lease agreement with Defendant B by setting the lease deposit amount of KRW 5,000,000 with respect to the instant apartment as of December 10, 201, and the lease period as of December 10, 2016, and on the same day, Defendant B was handed over the instant apartment from Defendant B and is currently residing in the said apartment.
【Ground of judgment】 without a dispute, entry of Gap’s evidence 1 through 4, Eul’s evidence 1, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of rent delay for at least two years on February 18, 2015. As such, Defendant B, the lessee of the instant lease agreement, is obligated to deliver the instant apartment to the Plaintiff, and Defendant C, who currently resides in the said apartment, is obligated to move out of the instant apartment. (2) As to this, the Defendants agreed by the Plaintiff to sublease the instant apartment to Defendant C, and further, Defendant C received KRW 5,000,000 from the Plaintiff, and Defendant C returned KRW 21,00,000,000.