The defendant shall remove the building specified in attached Form 2 to the plaintiff and the land specified in attached Form 1 to the plaintiff.

Grounds for Recognition

A. On April 6, 2018, the Plaintiff leased the land listed in paragraph 1 (hereinafter “instant land”) listed in the [Attachment List No. 1 (hereinafter “instant land”) to the Defendant as KRW 10,000,000, KRW 500,000 monthly rent, and the lease term from January 1, 2018 to 60 months, but thereafter, changed the lease deposit amount to KRW 5,00,000, KRW 300,00 monthly rent (hereinafter “the instant lease agreement”). The Defendant owned the building listed in paragraph 2 (hereinafter “the instant building”).

(c)

The Defendant did not pay the Plaintiff the instant lease agreement from January 1, 2020 to the Plaintiff.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings, the defendant did not pay two or more cars in arrears.

In addition, since the fact that the complaint of this case, which included the plaintiff's termination of the lease contract of this case on September 21, 2020, was delivered to the defendant on the grounds of the defendant's delinquency in rent, is apparent, the lease contract of this case was terminated on September 21, 2020.

Therefore, barring special circumstances, the Defendant is obligated to remove the instant building as the return of the object of lease upon the termination of the lease agreement to the Plaintiff, deliver the instant land, and pay, as requested by the Plaintiff, the overdue rent and the amount of unfair profit equivalent to the rent in arrears calculated at the rate of KRW 300,000 per month from January 1, 2020 to the completion date of delivery of the instant land.

As to the Defendant’s assertion, the Defendant, at the time of the conclusion of the instant lease agreement, made oral agreements to resolve civil complaints against the instant building from the owners of the land adjacent to the instant land when the Plaintiff filed a civil petition against the withdrawing private person, and even if so, did so.