건물명도 등
1. From KRW 4,8250,00 to KRW 4,8250,00, the Defendant shall deliver the real estate listed in the separate sheet from July 16, 2018 to the completion date of delivery.
1. Facts of recognition;
A. On June 30, 2012, the Plaintiff leased the instant real estate to the Defendant by setting the lease deposit amount of KRW 50 million, KRW 2.5 million per month, and period of lease from July 16, 2012 to July 15, 2014.
B. After that, the above lease contract has been renewed. From October 2016, the Defendant began to pay all or part of the rent agreed upon from around January 15, 2017, and, as of January 15, 2017, the sum of the rent in arrears has reached KRW 8.25 million. Accordingly, on January 3, 2017, the Plaintiff notified the Defendant of the termination of the lease contract by content-certified mail, and requested the delivery of the pertinent real estate.
C. Meanwhile, the Defendant paid to the Plaintiff KRW 8.25 million on January 16, 2017, and KRW 47.75 million on July 3, 2018, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, since the defendant did not pay more than two rents, the plaintiff can terminate the lease contract of this case in accordance with Article 640 of the Civil Code.
Therefore, the above lease contract was lawfully terminated when the contents-certified mail of January 3, 2017, which included the plaintiff's expression of intent to terminate the contract, was delivered to the defendant.
Therefore, barring special circumstances, the Defendant is obligated to receive money from the Plaintiff from the lease deposit after deducting unjust enrichment, etc. from the lease deposit, and deliver the instant real estate to the Plaintiff at the same time, as the Plaintiff seeks.
B. The Defendant’s assertion and determination are alleged to the effect that the Plaintiff did not take a clear position as to the maintenance of the instant lease agreement, such as continuing to use the instant real estate even after sending the content-certified mail as of January 13, 2017, and thus, the Plaintiff’s notice of termination of the instant lease agreement is subject to permission for use of the instant real estate or renewal of the contract against the Defendant after the notice of termination of the instant lease agreement.