Text
1. The defendant shall be the plaintiff.
A. Of the real estate listed in the attached Table 1, the “Dong” and “Dadong” indicated in the attached Table 2 are as follows.
Reasons
1. Facts of recognition;
A. On September 1, 2015, the Plaintiff: (a) leased the real estate indicated in the attached Form 1 as indicated in the attached Form 2 “A Dong” and “Dadong” (hereinafter collectively referred to as “instant real estate”) with a lease deposit of KRW 10 million; (b) KRW 110,000,000 per month; (c) from September 30, 2015 to August 31, 2017; and (d) handed over the instant real estate to the Defendant.
B. While the Defendant was in arrears from May 2016, the Plaintiff and the Defendant, on August 31, 2016, agreed to waive the Defendant’s obligation to refund the deposit amount of KRW 5 million paid by the Defendant in lieu of the Defendant’s delayed payment, and to pay the Plaintiff the deposit in advance from September 2016.
C. Accordingly, the Defendant paid the rent to November 2016, but did not pay the rent again from December 2016 to the date of arrears.
Accordingly, on March 7, 2017, the Plaintiff stated that the instant lease agreement is terminated on the ground of the Defendant’s delay while the Defendant was present at the first day for pleading of the instant case.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated by the Plaintiff’s declaration of intention of termination on March 7, 2017, which was made on the ground of the Defendant’s failure to pay rent for more than two years, and accordingly, it is obligated to deliver the instant real estate to the Plaintiff, and to pay to the Plaintiff the amount equivalent to the rent or rent calculated by the ratio of KRW 1,100,000 per month from December 1, 2016 to the completion date of the delivery.
3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.