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1. The Plaintiff:
A. Defendant B (1) deliver the building indicated in the attached Form No. 35,721,401 and 32.
Reasons
1. On December 31, 2016, the Plaintiff leased to D the building indicated in the attached Form indicating real estate (hereinafter “instant building”) with the following content:
(hereinafter “instant lease agreement”). From January 1, 2017 to December 31, 2017, management fees of KRW 30,000,000 for lease deposit, monthly rent of KRW 2,600,000 for lease deposit, monthly rent of KRW 2,60,000 for management expenses (additional tax separate), shall be imposed on the late payment charges of KRW 2% per month when arrears are overdue.
(hereinafter “The late payment agreement”). After that, on February 13, 2017, the Plaintiff, D, and E changed the lessee’s name of the instant lease agreement into E, and around January 2018, the management fee was raised at KRW 446,510 per month.
E Deceased on July 16, 2018, Defendant B, his heir, succeeded to the lessee’s status, and Defendant C operated a singing room in the instant building.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6 and 7 evidence (including branch numbers), the purport of the whole pleadings
2. Determination:
A. 1) Determination as to the cause of the instant claim: (a) the fact that the instant lease agreement was three or more times prior to the filing of the instant lawsuit is not disputed between the parties; or (b) the fact that the instant lease agreement was delayed by adding the entire purport of the pleadings to the written evidence Nos. 4 and 8; and (c) there is no other evidence to acknowledge that E or Defendant B paid all the rent. Furthermore, the fact that the duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the delinquency in rent was clearly recorded on December 10, 2018, and thus, the instant lease agreement was lawfully terminated at that time. (b) Since the instant lease agreement was terminated, the instant lease agreement was terminated, the Defendant B transferred the instant building to the Plaintiff, and the Defendant C is obligated to leave the instant building.
In addition, Defendant B shall add the sum of the overdue rent, management fee, late payment charge, 35,721,401 won and the overdue rent and management fee, which are calculated as follows, to the Plaintiff.