건물인도 등
1. The defendant shall be the plaintiff.
(a) the attached building status map 1, 2, 3.2 among the stores on the first floor of the building listed in the attached list.
1. Basic facts
A. On August 18, 2009, the Plaintiff entered into a lease agreement with the Defendant on the condition that the attached building status among the stores of the first floor of the building listed in the attached list owned by the Plaintiff shall be 5,00,000,000 won for lease deposit, and 5,20,000,000 won for lease deposit, and 5,00,000,000 won for rent, among the stores of the first floor of the building listed in the attached list owned by the Plaintiff (hereinafter “instant lease agreement”).
B. After entering into the instant lease agreement, the Defendant paid the Plaintiff KRW 5,00,000 (hereinafter “the lease deposit of this case”). After receiving the instant building from the Plaintiff, the Defendant continuously occupied and used the said building until now.
C. Until December 2018, the Defendant did not pay the monthly rent of KRW 14,00,000 (i.e., KRW 12,000,000 which was unpaid from 2011 to 2015, and KRW 500,000 which was unpaid in 2017). From December 2019, the Defendant did not pay the monthly rent of KRW 1,50,000 which was unpaid in 2017.
Accordingly, on October 31, 2019, the Plaintiff sent a content-certified mail stating the purport that “the lease contract of this case is terminated on the ground that the agreed tea is in arrears on more than two occasions.” The Plaintiff again declared that the lease contract of this case is terminated by the delivery of a copy of the complaint of this case on the ground that the rent is in arrears. The copy of the complaint of this case was served on the Defendant on February 13, 2020.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 7 and 9, and purport of the whole pleadings
2. The assertion and judgment
A. Article 640 of the Civil Act and the Defendant’s conclusion of the instant lease agreement until December 2018, the lessor is entitled to terminate the lease agreement if the annual rent of the lessee reaches the amount of two rents (Article 640 of the Civil Act).