건물명도 등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) an indication of the second floor drawings of the real estate listed in the separate sheet;
1. The Plaintiffs completed the registration of transfer of ownership on February 16, 2015, with respect to the portion (a) of 87.36 square meters inboard (hereinafter “instant building”), which connects each point of 1,2, 3, 4, 5, 6, 7, 1, among the real estate listed in the attached list of facts in the attached list of facts, in sequence 87.36 square meters inboard (hereinafter “instant building”).
On May 29, 2015, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) between D and D by setting the lease deposit of KRW 10,000,00 per month (from June 13, 2015 to June 13, 2015), the lease period of KRW 750,000 per month (the 13-day payment per month), and from June 13, 2015 to June 12, 2017, and thereafter, on June 18, 2015, the Plaintiffs agreed that the Defendant changed the name of the lessee to himself/herself.
On October 2015, the plaintiffs decided to reduce the rent from November 2015 to KRW 700,000 per month, according to the defendant's request for reduction of the rent.
On September 16, 2015, the rent paid under the instant lease agreement is a total of four terms, and the last rent was paid.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-3-1, 2-2, Eul evidence 2, Eul evidence 3, Eul evidence 5-2, and the purport of the whole pleadings
2. According to the facts acknowledged before the judgment on the principal claim, the instant lease agreement entered into an agreement to pay the rent in advance from June 13, 2015 to the 13th day of each month, and the rent for the fourth period to October 12, 2015, namely, the rent for the fourth period. Thus, the Defendant is in arrears from October 13, 2015.
According to Article 10-8 of the Commercial Building Lease Protection Act, when the annual rent amounts to three rents, the lessor may terminate the contract.
In light of the aforementioned factual basis, the Defendant, at the time of August 1, 2016, did not pay more than three rents on the record that it is clear that it is the delivery date of a duplicate of the instant complaint, and thus, the instant lease agreement was terminated on August 1, 2016, when the copy of the instant complaint indicating the Plaintiff’s intent to terminate the contract was served on the Defendant.