건물명도 및 임료청구
1. The Defendant shall order the Plaintiff to 2 partitionss of one story of neighborhood living facilities with 49.93㎡ of one story among the buildings listed in the attached list.
2...
1. Determination as to the cause of claim
A. 1) On November 4, 201, the Plaintiff: (a) on November 4, 201, the Defendant is 49.93 square meters in the 1st floor store among the buildings indicated in the attached Table list (hereinafter “instant real estate”).
(C) A lease agreement with respect to the lease deposit (hereinafter “instant lease agreement”) with a fixed term of KRW 20 million, monthly rent of KRW 500,000,000 for three years from November 7, 2011 (hereinafter “instant lease agreement”).
30,000,000 won for lease deposit and monthly rent. (A) According to the entry of the certificate No. 1-1, it can be recognized that 10,000,000 won for the first floor store of 30,000 square meters among the buildings listed in the attached Table No. 1-1.
(2) The Defendant did not pay at least two months the monthly rent under the instant lease agreement.
3) On February 16, 2016, a duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the instant lease agreement reaches the Defendant on February 16, 2016. [The fact that there is no dispute between the parties to the instant lease agreement; the fact that there is no dispute between the parties to the instant lease agreement; the fact that there is a significant fact in this court; the statement in the evidence A
B. According to the above facts, this case’s lease contract was lawfully terminated by the Plaintiff’s declaration of termination, which is a lessor, due to the Plaintiff’s failure to pay rent for at least two years, and thus, the Defendant is obligated to issue an order to the Plaintiff to order the Plaintiff. 2) As the Plaintiff partly withdraws the lawsuit claiming payment of money among the claims stated in the written complaint, the unpaid rent and the scope of deduction from the lease deposit.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion 1) around April 2012, the Plaintiff caused free of charge until the time of repair as the instant real estate was flooded. 2) At that time, the instant real estate was in a state of being unable to be used due to flooding, and the Defendant’s construction section was damaged due to malodor and mycoin.