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1. The defendant shall be the plaintiff.
(a)on delivery of the first floor of the building listed in Attachment 2, and among the second floor of the same building;
Reasons
1. Basic facts
A. On September 24, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit amount of KRW 5 million, monthly rent of KRW 300,000 (one year, monthly rent of KRW 250,000), and the term of lease from October 25, 2016 to September 24, 2019 (hereinafter “instant lease agreement”).
B. The instant lease agreement includes the following:
Article 3 (Change of Use, Sub-lease, etc.) A lessee shall not change the purpose or structure of the above real estate, transfer the right of lease or offer the security thereof, nor use it for any purpose other than the purpose of lease without the consent
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.
C. After entering into the instant lease contract, the Defendant constructed approximately 230 square meters of a light steel-frame assembly cultivation shed on the second floor of the instant building (hereinafter “instant cultivation shed”). D.
On the other hand, the defendant paid the rent to the plaintiff by September 24, 2017, but did not pay the rent thereafter.
E. The defendant currently has a correction device in the building of this case, and has loaded steel structure on the land of this case.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, and 7, the purport of the whole pleadings
2. Determination
A. As to the termination of the instant lease agreement, the Defendant did not pay the Plaintiff the rent from September 25, 2017 on the instant building due to the late payment of at least 13 rents, as seen earlier.