건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) KRW 2,800,000 and as regards it,
1. Facts of recognition;
A. On August 21, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant real estate”) with a lease deposit of KRW 10,000,000, KRW 2,900,000 per month of rent (payment in advance on August 21, 201) and the lease term of KRW 2,90,000 from August 21, 2017 to August 20, 2019 (hereinafter “instant lease agreement”).
B. The Defendant paid KRW 3,00,000,000 to the Plaintiff, which was not paid from the rent on December 21, 2017, while the instant lawsuit was pending, to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 8, the purport of the whole pleadings
2. Determination
A. On January 23, 2018, the Plaintiff notified the Defendant that the instant lease agreement was terminated on the grounds of delinquency in the payment of two or more rents, and at that time, the instant lease agreement was terminated. On January 23, 2018, according to the evidence No. 5, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent to terminate the instant lease agreement on the grounds of delinquency in the payment of two or more rents, but there is no evidence to prove that the said content-certified mail was delivered to the Defendant (the Defendant appears to have returned the said content-certified mail according to the data attached to the written reply of April 27, 2018).
(2) The Plaintiff’s assertion that the instant lease agreement was terminated by delivery by content-certified mail as of January 23, 2018 is without merit. However, as seen earlier, the Defendant did not pay rent from December 21, 2017. Although the Plaintiff did not express in the instant complaint the Defendant’s intent to terminate the instant lease agreement on the ground of the Defendant’s delinquency in rent, the Plaintiff’s delivery of the instant real estate on the ground of the Defendant’s delinquency in rent and the date of the completion of delivery of the instant real estate.