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1. The Defendant shall provide the Plaintiff with a 106.89 square meters and two-story neighborhood retail stores located in one floor among the buildings listed in the attached Table list.
Reasons
1. Basic facts
A. On September 5, 2009, the Plaintiff entered into a lease agreement with B (the representative C; hereinafter “Rehabilitation Company”) on a lease deposit with respect to KRW 10,000,000, monthly rent of KRW 3,000,000 (including value-added tax and KRW 25,000 on January 25, 201) and the lease period of KRW 2,20,000 from January 25, 2013, among the buildings entered in the separate sheet, on which implied renewal was made.
B. On February 24, 2014, the rehabilitation company filed an application for commencement of corporate rehabilitation on March 31, 2014, and rendered a decision to commence rehabilitation procedures under the Seoul Central District Court Act 2014hap31, and the representative director C was appointed as a custodian.
C. As the rehabilitation company did not pay a vehicle after January 14, 2013, the Plaintiff notified the Defendant of the termination of the lease contract by serving the duplicate of the complaint in this case. The duplicate of the complaint in this case reached the Defendant on May 21, 2014.
After the rehabilitation procedure of the rehabilitation company, the defendant paid to the plaintiff the amount of five months.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings
2. Determination:
A. According to the above facts, the above lease contract was lawfully terminated by the Plaintiff’s expression of intention of termination on the ground that the lessee did not pay rent for at least two consecutive period of rent, which is the Plaintiff, and thus, the Defendant did not have the right to possess the building in this case, and the Plaintiff is entitled to exercise the right to repurchase as the owner of the building in this case possessed by the Defendant. Thus, barring any special circumstance, the Defendant is obligated to order the Plaintiff, the owner of the building in this case, to order the right to repurchase, and the amount of overdue rent and rent due to unjust enrichment arising from the continued use of the leased object during or after the lease.