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1. The defendant is against the plaintiffs:
(a) deliver the real estate listed in the separate sheet;
B. From July 1, 2017, the foregoing paragraph (a) is described.
Reasons
1. Basic facts
A. On December 19, 201, the Plaintiffs entered into a lease agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) from January 31, 2012 to January 30, 2014, which is KRW 10,000,000 for the lease deposit, and KRW 1,100,00 for the monthly rent, from January 31, 2014. Upon the expiration of the lease term under the said lease agreement, the Plaintiffs changed the contents of the said lease agreement from January 6, 2014 to January 29, 2016 (including value-added tax).
(hereinafter referred to as the “instant lease agreement”). B.
The Defendant paid KRW 10,00,000 to the Plaintiffs according to the instant lease agreement, and used the instant real estate upon delivery.
C. From February 2014, the Defendant did not pay the monthly rent under the instant lease agreement, and did not pay the monthly rent from June 2016. From July 2016, the Defendant did not receive contact from the Plaintiffs after correcting the instant real estate while neglecting its goods, etc. on the instant real estate.
[Ground for Recognition: Facts without dispute, Gap evidence 1, evidence 2-1, 3, and evidence 5-1 through 6-6, the purport of the whole pleadings and arguments]
2. Determination
A. From February 2014 to June 2017, the fact that the Defendant delayed to pay the monthly rent under the instant lease agreement is as seen above. On the record, it is evident that the duplicate of the instant complaint containing a declaration of intent to terminate the instant lease on the grounds of the delinquency in rent at least twice was served on the Defendant on December 18, 2016. According to the above recognition, the instant lease agreement was terminated around that time. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and the Defendant was paid by the Plaintiffs out of the total monthly rent of KRW 59,950,00,000, from January 2014 to June 2017.