건물명도(인도)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. Facts of recognition;
A. The Plaintiff is a person who is operating a business to support rental housing through a sub-lease contract with a housing owner after obtaining financial support from the State for the stabilization of housing of the vulnerable residential group and concluding a lease contract with the housing owner.
B. From May 27, 2015, the Plaintiff leased the fourth floor D (hereinafter “instant housing”) of the Busan Shipping Daegu Building 35,000,000 deposit, and the lease period from June 8, 2015 to June 7, 2019, the Plaintiff designated the tenant as the Defendant.
C. On May 27, 2015, the Defendant: (a) determined the instant house as KRW 35,00,000 (in its entirety, KRW 1,750,000; (b) monthly rent 41,760; and (c) the lease period from June 8, 2015 to June 7, 2017 (hereinafter “instant lease agreement”); and (d) received the instant house from the Plaintiff.
The rent of the instant lease agreement was reduced to KRW 27,700 per month from January 2018.
E. After paying the rent on July 2016, the Defendant did not pay any rent, and as of June 30, 2019, the Defendant paid a total of KRW 1,276,590.
F. The Plaintiff may terminate the instant lease agreement where the Defendant did not pay the rent, management expenses, public charges, etc. for at least three months under the instant lease agreement.
On April 24, 2019, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of delinquency in rent, and the said certificate reaches the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 4, and 6, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of the determination on the claim for extradition, the Defendant did not pay the rent for not less than three months, and the Plaintiff notified the Defendant of the termination on the ground that the Defendant was delinquent in paying the rent, and thus, the instant lease contract was terminated at the time when the notice of termination was delivered.
Therefore, it is therefore.