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1. From 50,00,000 won to 50,000 won, the Defendant shall from November 1, 2018 to the completion date of delivery of the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On February 20, 2018, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 50,00,000, monthly rent of KRW 1,400,000 (excluding value-added tax), and the lease period of May 1, 2018 to April 20, 2020.
(hereinafter “instant lease agreement”). B.
On May 27, 2018, C, which was de facto in a de facto marital relationship with the Defendant while operating a restaurant in the instant real estate after the Defendant paid a lease deposit, was punished by a tree number planted on the ground of the Plaintiff’s real estate adjoining the instant real estate, and on this ground, the Plaintiff filed the instant lawsuit claiming the termination of the instant lease agreement and claiming the Defendant to deliver or rent the instant real estate or to pay unjust enrichment.
C. During the instant lawsuit pending, on December 3, 2018, the Plaintiff notified the Plaintiff to the phone that “The instant lease contract is terminated on the ground that the Defendant was in arrears for three-thirds period from September 1, 2018 to November 30, 2018.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Whether the lease contract of this case is terminated
A. The Plaintiff’s assertion 1) The Plaintiff: (a) agreed to terminate the instant lease agreement on May 27, 2018, despite having agreed to terminate the contract in the event of unauthorized damage to trees adjacent to the instant real estate at the time of the instant lease agreement; (b) as such, the instant lease agreement was terminated since it destroyed the trust between the parties that served as the basis of the contract; (c) accordingly, the instant lease agreement was lawfully terminated upon delivery of the instant complaint. (d) On December 3, 2018, the Plaintiff notified the Defendant of the fact that “the instant lease was terminated lawfully on the ground that the Defendant was overdue from September 1, 2018 to November 30, 2018,” and thus, the instant lease agreement was lawfully terminated.
B. A party to a continuous contract on the legality of the termination of a lease agreement by the act of cutting down trees 1.