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1. The Plaintiff:
A. The Defendants deliver the buildings listed in the separate sheet;
B. Defendant B is KRW 1 million and August 26, 2014.
Reasons
1. Facts of recognition;
A. Since around 2004, D leased a building listed in the separate sheet owned by it (hereinafter “instant store”) to Defendant B, the content of the lease renewed around March 2013 is KRW 10 million, KRW 500,000 per month, and the period until March 26, 2015.
(hereinafter “Lease of this case”). (b)
The Plaintiff purchased the instant store from D on March 29, 2014, and succeeded to the lessor’s status of the instant lease. On April 23, 2014, the Plaintiff acquired the ownership of the instant store.
C. Defendant B did not pay the Plaintiff the instant rent following the instant lease since June 2014, and the Defendants occupied and used the instant store.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Plaintiff may terminate the lease of this case on the ground of the failure to pay rent for more than two years. However, the fact that the duplicate of the complaint of this case containing the Plaintiff’s intent of termination was served on Defendant B on October 13, 2014 is clearly stated in the record, and the lease of this case was lawfully terminated on that day.
Therefore, the Defendants are obligated to deliver to the Plaintiff as the owner of the instant store and the lessor, and Defendant B is obligated to pay the Plaintiff the rent of KRW 1 million for the month and July 2014, and the rent of KRW 500,000,000 from August 26, 2014 to the delivery date of the instant store.
3. Defendant B’s assertion that Defendant B did not pay the rent because the Plaintiff sent notice of termination of the lease without any justifiable reason, and filed a civil petition with the tax office, etc. at the same time. However, there is no evidence to acknowledge such fact, and it cannot be deemed that such reason is a legitimate ground for not paying rent. Thus, the above Defendant’s assertion is rejected.
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