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Defendant B: the Plaintiff:
(a) deliver the buildings listed in the separate sheet;
B. From January 3, 2021, KRW 5,00,00 and the above A.
Reasons
1. Facts of recognition;
A. On December 1, 2017, the Plaintiff entered into a lease agreement with Defendant B to lease each of the buildings listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) by setting the lease deposit of KRW 30,000,000, monthly rent of KRW 950,000, and the lease term of KRW 30,000 from December 3, 2017 to December 2, 2019 (hereinafter “instant lease agreement”).
At the time of the instant lease agreement, the Plaintiff and Defendant B agreed to pay 50,000 won as a monthly rent until March 2, 2018 when the remainder of the deposit is paid (Article 4). The lessor may immediately terminate the instant lease agreement (Article 30,000,000 won, and the sum of the rent in arrears until January 2, 202, which was paid by the Defendant B, the lessee, is KRW 20,000,000,000, out of KRW 30,000,000. The Defendant B agreed to pay the remainder of the deposit to the Plaintiff by March 2, 2018 (Article 4 of the Special Agreement).
(c)
On January 8, 2020, the Plaintiff terminated the instant lease agreement against Defendant B on the grounds of delinquency in rent for not less than three years, and issued a certificate to the effect that it would cause the delivery of the instant building. On March 17, 2020, Defendant B, who did not comply therewith, sent a certificate of similar content to Defendant B.
Each of the above certificates was served on Defendant B, respectively.
(d)
Defendant C, the father of Defendant B, has moved into the building of this case on July 10, 2019 and is currently residing in the building of this case as the householder.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, and 6, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition 1), the instant lease contract concluded between the Plaintiff and the Defendant B was terminated as the overdue charge, and as such, the Defendant B did not pay the overdue charge.