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1. The defendant
(a) deliver the real estate listed in the annex;
(b)payment of 3,200,000 won;
C. On July 1, 2016
Reasons
1. The fact that the Plaintiff is the owner of the attached real estate (hereinafter “instant apartment”), and the Defendant concluded a lease agreement with the Plaintiff on June 5, 2013 (hereinafter “instant apartment”) under which the term of lease was fixed from July 15, 2013 to July 15, 2015 (hereinafter “instant lease agreement”), and thereafter, the instant lease agreement was implicitly renewed, and the Defendant did not pay the amount of the instant apartment after paying KRW 800,000,00 from the Plaintiff to the Plaintiff on February 18, 2016, and the Plaintiff did not inform the Defendant of the purport that the instant apartment agreement was terminated by the date on which the agreement was terminated from June 8, 2016 to June 14, 2016, and the Defendant notified the Defendant of the purport that the agreement was terminated by the date on which each of the instant parties’ refusal to pay the rent was not known to the Defendant by the date on which the agreement was terminated.
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in rent.
Therefore, the Defendant is obligated to pay the Plaintiff the rent of KRW 3,200,000 (=80,000 x 4 months) from March 1, 2016 to June of the date of delivery of the instant apartment from March 2016, and as the Plaintiff seeks, to pay the amount calculated at the rate of KRW 80,000 per month from July 1, 2016 to the date of completion of delivery of the instant apartment.
B. On October 2015, the Defendant: (a) decided on the Defendant’s assertion that the Plaintiff would incur a director’s expense and real estate brokerage fee; (b) the Plaintiff did not comply with the subsequent promise; and (c) the Defendant demanded the Plaintiff to deduct the Plaintiff from the deposit money as it is difficult to believe the Plaintiff; and (d) the instant apartment at the time when the deposit ceases to exist.