A. On August 5, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff, setting forth a deposit of KRW 70,00,000,00 for the portion (a) part (3,000,000 for the rent month, and the period from December 30, 2016 to December 29, 2018, with respect to the buildings listed in the attached list owned by the Plaintiff, which are linked with each point of KRW 1,2,3,4,100 square meters in sequence (hereinafter “instant building”).

B. As the Defendant filed the instant lawsuit in arrears more than three times, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant, and the duplicate of the instant complaint was served on October 23, 2019 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement appears to have been terminated on October 23, 2019 by the Plaintiff’s declaration of termination on the grounds of the Defendant’s delinquency in rent. Therefore, the Defendant is obliged to deliver the instant building to the Plaintiff.

B. (1) The Defendant’s assertion that the Plaintiff did not urge the Defendant to pay the rent in advance is in violation of the principle of good faith to notify the termination of the instant lease on the ground of overdue rent for more than three years while filing the instant lawsuit, and the Defendant requires the Plaintiff to renew the instant lease agreement pursuant to Article 10 of the Commercial Building Lease Protection Act.

(2) The facts without dispute over the judgment, and according to Gap evidence No. 1, when entering into the instant lease agreement, the plaintiff and the defendant concluded the instant lease agreement and determined that the lessor may immediately terminate the instant lease agreement if the overdue interest of the tenant reaches the amount of rent for the second period, and that the defendant was in arrears of the amount of rent for the third period prior to receiving the written complaint from the plaintiff.

According to the above facts of recognition, the plaintiff is required to do so in advance.