Text
The judgment of the first instance shall be revoked.
The Defendants deliver to the Plaintiff the buildings indicated in the attached list.
The total cost of the lawsuit shall be the cost of the lawsuit.
Reasons
Judgment on the claim against Defendant B
A. (1) The following facts may be acknowledged if there is no dispute between the parties to the judgment on the cause of the claim, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 3:
(A) On November 1, 2012, the Plaintiff: (a) leased the building listed in the separate sheet to Defendant B as KRW 120,000,000 for deposit money; (b) KRW 4,900,00 for the tea month; (c) management expenses KRW 850,000 for each month; (d) the last day of each month; (e) the payment date of rent and management expenses; and (e) the period from November 1, 2012 to October 31, 2013 (hereinafter “instant lease agreement”); and (e) thereafter, handed over the instant building to Defendant B.
(B) On January 14, 2013 between the Plaintiff and Defendant B, a compromise prior to the filing of the lawsuit was concluded with the following content:
(Korean District Court 2012No. 138, hereinafter referred to as “instant protocol of conciliation”)
1. Defendant B received deposit of KRW 120,000,000 from the Plaintiff on October 31, 2013, and simultaneously ordered the Plaintiff to order the instant building.
Provided, That if the plaintiff or defendant B does not express his/her intent in writing one month prior to the expiration of the contract term, this contract shall be deemed to have been renewed under the same conditions, and the rent and public interest expenses shall be adjusted at the request of the plaintiff with the consent of the defendant B.
2. From November 1, 2012, Defendant B shall pay to the Plaintiff monthly rent of KRW 4,900,000 and management expenses (value-added tax and electricity fee separate) of KRW 850,000 during the lease period from November 1, 201 to the end of each month.
From November 1, 2013 to October 31, 2014, a deposit of 120 million won, monthly rent of 5,390,000 won, and management expenses (value-added tax and electricity fee separate) of 850,000 won shall be paid on the last day of each month from November 1, 2013 to October 31, 2014.
(C) On January 6, 2014, the Plaintiff issued a notice to the effect that the instant lease contract is terminated on the ground that Defendant B violated the contract by employing the so-called Domimimimi, and Defendant B violated the contract between the parties (i.e., January 3, 2014) by content-certified mail.