건물명도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On May 4, 2004, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 9,00,000 with respect to the portion (A) on the ship (hereinafter “instant building”) of 116 square meters connected each point, among the real estate listed in the attached list owned by the Plaintiff, among the real estate listed in the attached list owned by the Plaintiff, as KRW 1,350,00 per month from May 20, 2004 to May 19, 2005.
B. At the time of the conclusion of the instant lease agreement, the Defendant did not use the instant building for any type of business other than the user, and, if so, agreed to deliver the instant building to the Plaintiff without delay (hereinafter “Industrial Restriction Agreement”).
C. The instant lease contract has been implicitly renewed even after the original term of lease expires.
On November 14, 2013, the Plaintiff was notified that the Defendant was under control of the violation of the Act on the Punishment of Acts of Arranging Sexual Traffic by engaging in the act of arranging sexual traffic while operating the “C” in the instant building. Accordingly, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the violation of the occupational restriction agreement.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. According to the above facts of determination, since the Defendant violated the occupational restriction agreement and the grounds for rescission of the agreement stipulated in the instant lease agreement arose, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination.
According to Article 639(1) of the Civil Act, where a lease is implicitly renewed, a party may notify at any time the termination of the contract in accordance with Article 635 of the Civil Act, and at any time after six months have elapsed from the other party's receipt of such notification, the termination becomes effective.