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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. According to the overall purport of Gap evidence Nos. 1 through 7 and the argument as to the cause of the claim, the plaintiff and the defendant entered into a contract with the defendant on September 28, 2018 under which the plaintiff shall lease real estate listed in the attached Table No. 2,598,00 won, monthly rent of KRW 51,740, and lease term of KRW 51,740 (hereinafter referred to as "lease Agreement") and the defendant agreed to lease the real estate listed in the attached Table No. 1 to the defendant for the period from September 28, 2018 to October 31, 2020 (hereinafter referred to as "the lease agreement in this case"). The defendant agreed to the effect that the plaintiff may terminate the lease agreement in this case where the monthly rent is in arrears for at least three consecutive months, and the defendant did not pay rent from July 2019 to October 20.
Therefore, the plaintiff can terminate the lease contract of this case, and since the copy of the complaint of this case stating the plaintiff's declaration of termination of the contract of this case is delivered to the defendant, the defendant is obligated to deliver the real estate stated in the separate sheet to the plaintiff.
2. According to Article 11 of the instant lease agreement, the Defendant asserts that the Plaintiff’s expression of intent to terminate the instant lease agreement is invalid, since the Plaintiff did not notify the termination of the contract at least one month prior to the scheduled termination date.
According to the purport of Gap evidence No. 1 and the whole pleadings, it can be acknowledged that Article 11(1) of the instant lease agreement provides that "where a lessee terminates a lease contract early due to any cause not falling under Article 10(2), he/she shall notify the lessor thereof one month prior to the scheduled date of termination of the contract."
However, the above provision is not applicable where the lessor terminates the lease contract on the ground that the lessor falls under Article 10 (1) (including where the lessee fails to pay the monthly rent for at least three consecutive months), and the defendant's assertion is without merit.