건물인도
1. The defendant shall deliver to the plaintiff the plaintiff the C and the three-story commercial buildings of 255.8 square meters.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On November 2018, the Plaintiff, as the owner of a building of Class 1 neighborhood living facilities on the 3rd floor of reinforced concrete structure (refinite), a 1st unit on the ground of Asan City D (road name address: Asan City) and leased the lease deposit amount of KRW 30,000,000, KRW 1,800,000 for the rent-on monthly (excluding value-added tax and management expenses, KRW 170,000 for each month, and KRW 21 prepaid payment each month), and the lease term was fixed and leased to the Defendant from November 21, 2018 to November 20, 2020.
(hereinafter “instant lease agreement”). B.
From November 2018, the Defendant operated a sports hall with the trade name “E” in the instant commercial building from around November 2018 under the instant lease agreement. As such, the Defendant delayed the monthly rent of the said lease agreement and delayed the rent from September 2019, which was the date of receipt of the instant complaint.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3 and 5 (including virtual number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the copy of the complaint of this case stating the plaintiff's declaration of termination of the lease contract of this case on January 31, 2020, which was delivered to the defendant on the ground of the defendant's failure to pay rent of not less than three years in arrears, is legally terminated, and the defendant is obligated to deliver the commercial building of this case to the plaintiff, barring special circumstances
3. The defendant's assertion and judgment
A. As to this, the Defendant asserts to the effect that the termination of the Plaintiff’s lease is not legitimate, since the Defendant received the Plaintiff’s understanding about payment of the delayed rent in February and July each year, and paid the rent in three months delayed in February 2020.
B. We examine the following facts: (a) there is no evidence to deem that the Plaintiff understood that the Plaintiff had deferred the payment period of the monthly rent under the instant lease agreement, and even if the Defendant paid the delayed rent after February 2020, it was paid. < Amended by Act No. 1614, Jan. 1, 2020>