건물철거 및 토지인도
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim of this case is dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. The reasons for the judgment are the same as the corresponding part of the judgment of the court of first instance (1. basic facts). Therefore, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The Plaintiff’s assertion and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) on the site stated in paragraph (2) (hereinafter “instant site”) for the purpose of owning the building, etc. (c), (d) (e), (f), (f), and (e) part of the building, etc. (hereinafter “the instant building, etc.”). However, the instant lease agreement was lawfully terminated since the Defendant, the lessee, had delayed payment of two or more rents, and the Plaintiff, the lessor, expressed his/her intent to terminate the instant lease by delivery of a duplicate of the instant complaint, on the ground that the Plaintiff, the lessor, had expressed his/her intent to terminate the instant lease by delivery of a duplicate of the instant complaint.
Therefore, the Defendant is obligated to remove the instant building, etc. to the Plaintiff and deliver the instant site to the Plaintiff.
B. As of October 13, 2015, the fact that the Defendant delayed the payment of rent for three months as of October 13, 2015, including the Plaintiff’s expression of intent to terminate the instant lease agreement, was served on the Defendant.
1. As seen in the facts, Article 640 of the Civil Code provides that, in the lease of a building or any other structure, the lessor may terminate the lease when the total amount of rent of the lessee reaches the amount of rent of two years.
2 However,
1. In light of the following circumstances acknowledged based on the facts and the overall purport of the arguments, it is difficult to readily conclude that the Plaintiff’s failure to pay two or more occasions at the time of the Plaintiff’s declaration of intent to terminate the instant lease agreement satisfies the requirements for termination of the lease agreement.
① The Defendant asserts that, with the understanding of the Plaintiff, the vehicle was late or paid every two months since the earnings were less than the second half due to the characteristics of the brick plant.