The Defendant, as the Plaintiff

가. 별지 기재 부동산 3층 중 ㉮, ㉯, ㉰, ㉱, ㉲, ㉳, ㉮의 각 점을 차례로...

Facts of recognition

원고는 2018. 12. 21. 피고와 사이에 별지 기재 부동산 3층 중 ㉮, ㉯, ㉰, ㉱, ㉲, ㉳, ㉮의 각 점을 순차로 연결한 (가) 부분 85㎡(이하 ‘이 사건 부동산’이라 한다)에 관하여 피고에게 임대차보증금 13,000,000원, 차임 월 55만 원(매월 말일 후불 지급), 임대차기간 2019. 1. 31.부터 2020. 1. 30.까지로 정하여 임대하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

The Defendant was handed over the instant real estate from the Plaintiff based on the instant lease agreement.

The Defendant paid the Plaintiff the rent of KRW 7,150,000 from January 31, 2020 to February 29, 2020 under the instant lease agreement (i.e., KRW 550,000,000) to KRW 5,550,000 on May 13, 2019 (i.e., KRW 7,150,000 (= KRW 7,550,000) and unpaid the rent from March 1, 2020.

On the other hand, the defendant occupies and uses the real estate of this case until now.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, and Eul evidence Nos. 12 and the ground for a claim as to the whole purport of the argument. It is clear in the records that the copy of the complaint of this case, which stated the plaintiff's declaration of termination of the lease contract of this case on March 3, 2020, was delivered to the defendant on the ground that the lease contract of this case was terminated due to the plaintiff's declaration of termination. Thus, the lease of this case was terminated lawfully due to the plaintiff's declaration of termination.

I would like to say.

(A) According to the statement of evidence No. 2, if the plaintiff, on January 21, 2020, sent to the defendant a certificate of content that the contract of this case is terminated without paying the unpaid rent to the defendant, but there is no evidence to prove that the above certificate was served to the defendant. Thus, the defendant delivered the real estate of this case to the plaintiff, and the plaintiff delivered it to the plaintiff.