건물인도
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. On March 12, 2018, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant, setting the lease term of KRW 1,50,000 per month rental deposit amounting to KRW 20,00,00 from March 5, 2018 to March 4, 2020 (2 years from March 5, 2018 to March 4, 2020, with each point of (a) part of (a) 33 square meters in a ship connecting each point of (a) the building indicated in the attached Form No. 1,2,3,4, 12, 11, and 1 of the building indicating real estate owned by the Plaintiff (hereinafter “instant building”). Around that time, the Plaintiff delivered the instant lease agreement to the Defendant (hereinafter referred to as “instant lease agreement”).
Article 7(2) of the instant lease agreement provides that “The lessee may delay the rent for a period of three years or terminate the contract in cases where the lessee violates Article 4(1).” Article 8 provides that “In cases where the contract is terminated, the lessee shall restore the leased commercial building to its original state, and at the same time, the lessor shall return the deposit to the lessee. In addition, the lessor shall return the overdue rent or the amount of damages, if any.”
After the conclusion of the instant lease agreement, the Defendant installed a freezing warehouse (hereinafter “instant freezing warehouse”) on the ground of 9.8m2m2, which connects each point of (B) part of the attached drawings among the instant stores, and installed a steel structure and steel bars (hereinafter “facilities of this case”) on the ground of 23.2m2m2 of the attached drawings among the instant stores.
After the Defendant paid part of the rent to the Plaintiff on October 2018, the Defendant did not pay the rent up to now.
The Plaintiff expressed his intent to terminate the instant lease agreement on the grounds of the Defendant’s delay in rent pursuant to Article 7(2) of the instant lease agreement.