건물인도
1. The Plaintiff:
A. Defendant B each point out of the real estate in the separate sheet No. 1, 2, 3, 4, and 1, indicated in the separate sheet.
1. Basic facts
A. On April 11, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B and the attached list with each point of (A) part of 34.545 square meters (hereinafter “instant building”) among the real estate indicated in the attached Table No. 1, 2, 3, 4, and 1 of the first floor among the real estate indicated in the attached Table No. 2019, May 7, 2019, with respect to the lease deposit amount of KRW 5 million, KRW 350,000 (payment on May 6, 2019), and the lease period from May 7, 2019 to May 6, 2021 (hereinafter “instant building”). Defendant C concluded the instant move-in report on the building on May 7, 2019.
B. According to the instant lease agreement, the lessor may terminate the lease agreement immediately if the lessee is in arrears to reach the amount of rent for a period of two years.
C. Defendant B did not pay to the Plaintiff the monthly rent that should be paid on November 6, 2019 and December 6, 2019.
On February 24, 2020, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract will be terminated on the grounds of the rent delay in the second period. On February 26, 2020, the above content certification reached the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. The judgment of the court below is based on the following facts: Defendant B delayed payment of rent for at least two periods under the instant lease agreement; and the fact that the Plaintiff’s declaration of intent to terminate the lease agreement was delivered to the Defendant on this ground is as seen earlier; thus, the instant lease agreement was terminated on February 26, 2020.
Therefore, barring special circumstances, Defendant B is obligated to deliver the instant building to the Plaintiff upon the termination of the instant lease agreement, and Defendant C, who is residing in the move-in report of the instant building, is obligated to withdraw from the instant building.
As to this, the Defendants are the difference.