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1. The defendant, among the six floors of the real estate listed in the attached Table 1 list, 603 attached Form 2 drawings 1, 2, 3, 3.
Reasons
1. Facts of recognition;
A. On June 2013, the Plaintiff: (a) leased the lease deposit of KRW 60,00,000, monthly rent of KRW 3,500,000 (payment on the last day of each month, value-added tax, separate taxes and public charges, taxes, management expenses, property tax, etc.) of Gyeyang-gu Incheon Metropolitan City from June 1, 2013 to June 30, 2014, the lease term of KRW 603,604,605, and KRW 605,000 (hereinafter collectively referred to as the “instant real estate”), which was determined and leased to the Defendant from June 1, 2013 to June 30, 2014.
(hereinafter “instant lease agreement”)
B. The Defendant occupied and used the instant real estate from June 2013 to the time of the closing of the instant argument. On December 12, 2014, the Plaintiff notified the Defendant of his intention to terminate the instant lease on the grounds that the instant lease was delayed, etc. by content-certified mail.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings
2. The assertion and judgment
A. According to the facts of the determination as to the cause of the claim, the Plaintiff’s expression of intent to terminate the instant lease agreement was sent to the Defendant by content-certified mail on December 12, 2014, and the said mail was not returned. Therefore, it is presumed that the said content-certified mail reached the Defendant around that time (see Supreme Court Decision 2000Da20052, Oct. 27, 200). Accordingly, according to Article 635 of the Civil Act, the lease without a term-based agreement becomes effective six months after the date when six months have elapsed since the date when the said content-certified mail was delivered to the Defendant, and six months have passed since the expiration of six months after the date when the lessor notified the termination.
In addition, the Defendant’s breach of contract (e.g., rent) 69,300,000 won (i.e., rent from June to November 2014) that the Plaintiff should pay to the Plaintiff until December 12, 2014 (i.e., rent from June 2013 to November 2014).