1. The Defendant shall order the Plaintiff to order the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Facts of recognition;

A. On May 20, 2017, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that the real estate listed in the separate sheet (hereinafter “instant building”) was leased as KRW 10 million, KRW 1200,000 per month, and KRW 120,000 per month from June 21, 2017 to June 20, 2018 (hereinafter “instant lease agreement”).

B. From September 2017, the Defendant delayed payment of the rent from September 2017 to November 2017.

C. On March 11, 2018, a copy of the instant complaint indicating the Defendant’s intent to terminate the instant lease agreement on the grounds of the delinquency in rent was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the lease contract of this case is deemed to have been lawfully terminated. Thus, the defendant is obligated to order the plaintiff to order the building of this case, barring special circumstances.

B. On December 15, 2017, the Defendant asserts that the Plaintiff’s claim is unjustifiable, as the Plaintiff paid a total of KRW 3.6 million in arrears to the Plaintiff on December 15, 2017.

However, as long as the lessee has been in arrears for three-months, the lessor’s right to terminate the contract arises due to the delayed payment of the rent (Article 10-8 of the Commercial Building Lease Protection Act), and such lessor’s right to terminate the contract is purported to allow the lessor to escape from the continuous lease contract in the event of the lessee’s reliance due to the repeated overdue payment of rent. Thus, the overdue payment is extinguished due to reasons such as repayment after

Even if the lessor had already acquired the termination right on the ground of the previous delinquency in rent, it cannot be deemed that the lessor has extinguished the termination right.

Supreme Court Decision 2017Da251236 Decided September 28, 2017, and Supreme Court Decision 2017Na203603 Decided July 12, 2017, see Supreme Court Decision 2017Na203603 Decided July 12, 2017. Therefore, even if the Defendant later paid the Plaintiff the overdue payment, the Defendant paid the Plaintiff later.