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1. The defendant shall receive KRW 850,000,000 from the plaintiff, and at the same time, shall provide each real estate listed in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. On May 30, 2013, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to each real estate listed in the separate sheet of real estate (hereinafter “each of the instant land and buildings”) on the following terms: (a) KRW 850 million; (b) monthly lease deposit; (c) KRW 88 million (including value-added tax); (d) from May 30, 2013 to May 30, 2018; and (e) KRW 500,000 per month (including value-added tax; (c) the end of each month; hereinafter “the instant special agreement agreement”).
According to the instant lease agreement, the Defendant paid the lease deposit of KRW 850 million to C and D, and commenced the hospital business in the instant building.
B. On November 18, 2014, the Plaintiff entered into a sales contract with the Plaintiff to succeed to a lessor’s status under the instant lease agreement and paid the said sales price, and completed the registration of ownership transfer on November 28, 2014 under the name of the Plaintiff.
C. On November 28, 2014, the Plaintiff issued to the Defendant a certificate of content that “if the Defendant fails to pay the overdue rent within 10 days, the Plaintiff would terminate the instant lease agreement on the grounds of overdue rent for at least two years, on April 6, 2015, the Plaintiff issued to the Defendant a certificate of content that “if the Defendant did not pay the overdue rent within 10 days, the Plaintiff would terminate the instant lease agreement on the grounds of overdue rent.”
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 6 (including each number), the purport of the whole pleadings
2. According to the above facts of determination, the instant lease agreement was lawfully terminated on April 16, 2015 due to the Defendant’s delinquency in rent, and thus, the Defendant is obliged to deliver each of the instant land and buildings to the Plaintiff at the same time with the Plaintiff’s payment of KRW 850 million from the lease deposit.