The Plaintiffs are the owners of each 1/2 shares of Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, E, and buildings not registered on its ground (hereinafter “instant building”).

원고들은 2015. 12. 31. 피고에게 이 사건 건물 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례로 연결한 선내 12㎡(이하 ‘이 사건 점포’)를 보증금 없이 차임 월 40만 원, 임대차 기간 2017. 12. 31.까지로 정하여 임대하는 임대차계약(이하 ‘이 사건 임대차계약’)을 체결하였다.

On April 19, 2016, the Defendant sent a content-certified mail to the effect that the Plaintiffs terminate the instant lease contract on the ground of the “the second overdue payment” on two or more occasions of delinquency in payment of the said rent.

On July 13, 2016, a duplicate of the complaint of this case, stating the intention to terminate the instant lease agreement, was served on the Defendant.

According to the above facts, the lease contract of this case was lawfully terminated on July 13, 2016 at the latest due to the delay in rent for at least two years on July 13, 2016. Thus, the defendant is obligated to deliver the store of this case to the plaintiffs by reinstatement.

In regard to this, the defendant asserts to the purport that the plaintiffs' claim is unjustifiable since the defendant has borne part of the expenses incurred in accepting the roof of the store of this case. However, there is no evidence to acknowledge the above alleged facts, and even if the above alleged facts are acknowledged, such circumstance alone does not make the defendant refuse to request the delivery of the plaintiffs' store of this case. Thus,

The plaintiffs' claims are justified and accepted.