건물인도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 17, 2017, C entered into a lease agreement with the Defendant under which the buildings listed in the attached list (hereinafter “instant building”) was leased KRW 5,00,000, KRW 400,000 per month of lease deposit, KRW 400,00 per month of rent (prepaid on August 1, 201), and from August 1, 2017 to August 1, 2019 of the lease term (hereinafter “instant lease agreement”).
From September 6, 2017, the Defendant registered the business in the name of “D” in the instant building from September 6, 2017 and operated the restaurant business.
B. On January 7, 2019, the Plaintiff succeeded to the lessor’s status under the instant lease agreement while purchasing the instant building from C on January 7, 2019. On January 17, 2019, the Plaintiff completed the registration of ownership transfer based on sale.
C. Around May 31, 2019, Plaintiff’s attached E paid the Defendant the amount of arrears over the period of time to the Defendant as E’s account, and the Defendant paid the Defendant KRW 2,400,000 in total for six months from July 22, 2019 to July 22, 2019, and KRW 400,000 in monthly rent for eight months from August 21, 2019.
[Ground of recognition] Gap evidence Nos. 1, 2, 3, 7, 8, Eul evidence Nos. 1, 4, 5, and 6, and the purport of the whole pleadings
2. The gist of the plaintiff's assertion was that the defendant delayed payment of rent corresponding to more than three times under the lease agreement of this case. The lease contract of this case was lawfully terminated due to the delivery of a copy of the complaint of this case containing the plaintiff's expression of intention of termination to the defendant.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff at the same time receiving the remainder after deducting the amount equivalent to the overdue rent from the Plaintiff at KRW 5,00,000,000, from the lease deposit.
3. Determination
A. According to Article 10-8 of the Commercial Building Lease Protection Act, in a case where the annual rent of a lessee amounts to three times of rent, the lessor may terminate the contract.
However, the lessor's right to terminate the contract under the above provision is recognized.