건물인도
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) As from May 1, 2018, KRW 7,000,00 and above.
1. Basic facts
A. On March 1, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 700,000 (payment on the first day of each month), from March 1, 2017 to February 28, 2018, with regard to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”).
B. Since that time, the Defendant occupied the instant real estate. From July 1, 2017, the Defendant delayed to pay the Plaintiff the monthly rent.
C. Accordingly, on April 3, 2018, the Plaintiff was in arrears with a portion of 10 months from July 1, 2017 to that of the Defendant, and thus, the instant lease agreement is terminated.
“A notice was sent to the Defendant at that time, and that notice was sent to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings
2. (i) The judgment on the cause of the claim (i) whether the lease contract in this case was lawfully terminated; and (ii) when the delayed amount of the rent in this case reaches the amount of two rents pursuant to Article 640 of the Civil Act, the lessor may terminate the lease. In the lawsuit in this case, the Plaintiff asserted that the Defendant did not pay the rent as above, while filing the lawsuit in this case, and the fact that the rent was paid in relation to the lease is the burden of proof for the lessee (see, e.g., Supreme Court Decision 2004Da19647, Jan. 13, 2005). The Defendant did not submit any evidence to prove that the rent in this case was paid properly, and thus, the lease in this case was lawfully terminated on the date on which the notification of the termination of the lease in this case was delivered to the Defendant on April 3, 2018.
Therefore, the Defendant delivered the instant real estate to the Plaintiff, and as seen above, paid from July 1, 2017 to April 1, 2018 to the Plaintiff respectively, KRW 7,000,000 in arrears for ten months (=70,000 x 10 months), and as sought by the Plaintiff, May 1, 2018.