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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.
2. Defendant.
Reasons
1.The following facts may be acknowledged, either in dispute between the parties or in full view of the purpose of entry and the entire arguments in Gap evidence 1 to 5:
On July 24, 2008, Defendant A leased real estate (hereinafter “instant real estate”) as indicated in the separate sheet from the Korea Land and Housing Corporation in KRW 27,014,00,000, and around that time, Defendant A paid KRW 27,014,000 to the Korea Land and Housing Corporation.
B. On August 29, 2013, the Defendants: (a) concluded a lease agreement specified in the preceding paragraph with a deposit of KRW 28,310,00; (b) monthly rent of KRW 150,260; and (c) period from September 1, 2013 to August 31, 2015 (hereinafter “instant lease agreement”); and (b) Defendant A paid KRW 1,296,000 to the Defendant Korea Land and Housing Corporation at that time.
B. In order to obtain a loan from the Plaintiff, on July 23, 2014, Defendant A transferred to the Plaintiff the entire claim for refund of the lease deposit amount of KRW 28,310,000, which he/she owns against the Defendant Korea Land and Housing Corporation under the instant lease agreement, and on the same day, notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail. The said notification reached the Defendant Korea Land and Housing Corporation
C. Article 10(1)4 of the General Terms and Conditions of the instant lease agreement provides that “If a lessee has failed to pay a rent for at least three months, a lessor may cancel or terminate this contract, or refuse to renew the lease agreement.” However, the Defendant A delays KRW 632,00,000, including rent for the period from July 30, 2014 to November 30, 2014 under the instant lease agreement, as of November 30, 2014.
2. According to the above findings, Defendant A may be found to have failed to pay the rent under the instant lease agreement for at least three consecutive months. Thus, Defendant Korea Land and Housing Corporation is subject to the said lease agreement pursuant to Article 10(1)4 of the said lease agreement.