1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On June 30, 2012, the Plaintiff leased the instant real estate, which is a commercial building governed by the Commercial Building Lease Protection Act (hereinafter “The Commercial Building Lease Protection Act”), to the Defendant (hereinafter “the instant lease”) by setting the monthly rent of KRW 2.5 million, lease deposit amount of KRW 50 million, lease deposit period of KRW 50 million, and lease period from July 16, 2012 to July 15, 2014.

The plaintiff delivered the above real estate to the defendant around that time, and the defendant operated a general restaurant in the above real estate from that time.

B. Even after the expiration of the instant lease term, the Defendant began to pay the rent in arrears from October 2016, and the sum of the rent in arrears was KRW 8,250,000,000 as of January 15, 2017.

C. On January 3, 2017, the Plaintiff sent content-certified mail to the Defendant and demanded the delivery of the instant real estate due to overdue rent. Around that time, the said content-certified mail sent to the Defendant. The Defendant thereafter paid KRW 8,250,000 to the Plaintiff around January 16, 2017.

From that date, the Defendant again delayed to June 12, 2018, the date of filing the instant lawsuit until June 2, 2018, and the duplicate of the instant complaint to the effect that the Defendant seeks to deliver the instant real estate on the premise that the instant lease was terminated due to the continuous delinquency in rent, was served on the Defendant on June 27, 2018.

E. On July 3, 2018, the Defendant paid KRW 47750,00 to the Plaintiff.

On the other hand, the defendant has occupied and used the real estate of this case since the delivery of the real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination as to the cause of action

A. Article 10-8 of the Commercial Building Lease Act (amended by Act No. 13284, May 13, 2015) provides that a lessor may terminate a contract when the lessee’s delayed rent falls short of the three-term rent.