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1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts of premise;
A. On October 6, 2016, the Plaintiff leased the real estate in the attached Form (hereinafter “instant apartment”) to the Defendant as the lease deposit KRW 30,000,000, monthly rent of KRW 1,700,000, and the lease term of KRW 6 to October 5, 2016, respectively, and the Defendant was handed over from the Plaintiff.
B. Meanwhile, in the event that the monthly rent in arrears under the above lease agreement amounts to the two-year rent in arrears, this constitutes grounds for termination of the lease agreement, and the Defendant began to pay the monthly rent and the management fee more than twice.
C. Accordingly, on March 2, 2017 and March 7, 2017, the Plaintiff sent each proof of the contents of the termination of the lease contract to the Defendant, and each of the above content certification reached the Defendant around that time. The Defendant still occupies the said apartment even at the time of the closing of the argument in the instant case.
[Ground of recognition] The facts without dispute, Gap 1-3 evidence (including more than one number), the purport of the whole pleadings
2. Determination
A. According to the premise facts, the lease agreement between the original defendant on the apartment of this case is deemed to have been lawfully terminated according to the content proof containing the plaintiff's intention of termination on the grounds of the defendant's delinquency in monthly rent. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff.
B. The defendant has already paid KRW 3,00,000 out of the sealed monthly rent after the filing of the lawsuit in this case, and argued to the effect that the unpaid amount may be paid later, but it cannot be able to recover the validity of the lease contract that has already been terminated and thus, the above argument is rejected.
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.