1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 22, 2016, the Plaintiff, the owner of Daegu Dong-gu C building 123 (hereinafter “instant commercial building”), entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the monthly rent of KRW 2,500,000 (after August 25, 2016) and the lease term of KRW 60 months (hereinafter “instant lease agreement”).

B. On May 24, 2017, the Defendant operated a coffee shop in the instant shopping mall with E and Dong, and among those having continued conflicts with D related to monthly rent and management expenses, the instant shopping mall was placed at the request of D on May 24, 2017.

C. The Defendant and E paid the monthly rent by June 25, 2017 and did not pay the rent thereafter. On August 2, 2017, the Plaintiff sent to the Defendant a certificate of content that the Defendant would pay unpaid management expenses and the monthly rent, and filed the instant lawsuit on September 27, 2017.

On the other hand, the commercial building of this case was sold at a voluntary auction on May 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, 6, 8, 9, Eul evidence 1, 6-1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant did not pay the Plaintiff the monthly rent from June 2017, and on May 29, 2018, the instant lease contract was lawfully terminated as the instant commercial building was sold to a third party. As such, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 30,000,000 from June 2017 to May 2018 (i.e., month 2,50,000 x 12 months) and damages for delay.

B. The Defendant’s instant lease agreement was concluded around May 24, 2017, and thus, the Defendant is not obligated to pay the following rent.

3. Determination

A. For the purpose of the termination of a contract, the requirement is that the opposite expression of intent, such as the offer and acceptance of the contract, is consistent, as in the case of general formation of the contract, but it may be done implicitly as well as the express case where the contract is terminated.