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1. The Defendant shall deliver each real estate listed in the separate sheet to the Plaintiff, and from September 26, 2015 to the completion date of the delivery.
Reasons
1. Facts of recognition;
A. On September 25, 2013, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant store”) to the Defendant, with a lease deposit of KRW 80 million, monthly rent of KRW 80 million, and the lease period of KRW 8 million from September 25, 2013 to September 25, 2015, and agreed to pay in installments only management expenses for the stores listed in subparagraphs 311 through 313 of the Mapo-gu Seoul Metropolitan Government Center, adjacent to the special agreement, from October 26, 2013 to November 30, 2013. Of the delinquent management expenses, the Plaintiff agreed to pay in installments only KRW 10 million each month.
(hereinafter referred to as “instant lease contract”). B.
From around that time, the Defendant operated the instant store and the sports center under subparagraphs 311 through 313, and delayed payment of the monthly rent of at least one month during the period of the instant lease agreement. From June 2014, the unpaid management expenses incurred in August 2015, which amount to KRW 42,55,520 in total.
C. On March 6, 2014, the Plaintiff filed a claim for extradition against the Defendant (Seoul Western District Court 2014Kadan10161) store Nos. 311 through 313, and obtained a favorable judgment. On April 3, 2015, the Plaintiff agreed to deliver the said store Nos. 311 through 313 by May 30, 2015.
On July 10, 2015, the Plaintiff: (a) increased the deposit and monthly rent of the instant lease; (b) increased the deposit and monthly rent; and (c) sent proof to the Defendant that the instant lease agreement would be terminated if the Plaintiff did not comply therewith; (c) reached the Defendant around that time; and (d) sent to the Defendant proof that the instant lease agreement was terminated on August 25, 2015 on the ground that the Defendant did not reply to the deposit and monthly rent increase; and (c) the said proof reached the Defendant around that time.
[Ground of Recognition] Facts without dispute, Gap 1 through 5, 8 through 10, Eul 3.