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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Basic facts
A. On February 19, 2017, the Plaintiff leased to C each of the following terms: (a) a lease deposit of KRW 25 million; (b) a monthly rent of KRW 3.96 million (including value added tax; (c) and a lease term of February 14, 202, respectively, with the real estate (hereinafter “instant real estate”); and (d) a lease term of KRW 25 million as indicated in the separate sheet (hereinafter “instant real estate”).
B. C around February 21, 2017, with the Plaintiff’s consent, sublet the instant real estate of the said two units to the Defendant with the same content as the said lease agreement.
C. The Defendant paid all monthly rent following the conclusion of the above contract, and paid the Plaintiff the rent from August 2017 to January 2018 as indicated in the following table.
The amount paid (unit: won) on August 22, 2017, 5,500,000 on October 24, 2017; 1,000,000 on October 30, 3017; 500,500,000 on November 4, 2017; 50,000 on November 4, 2017; 50,000 on November 16, 2017; 16,00 on November 22, 2017; 50,000,000 on November 27, 2017; 10,000 on September 50, 200, 200; and 11,000,000 in aggregate;
D. On January 19, 2018, the Plaintiff’s content certification of the instant real estate that “the termination of the instant lease agreement on the ground that the Plaintiff did not delay the lease agreement for the instant real estate by January 16, 2018,” to the Defendant and C is “a proof of the content of the instant case.”
A) At that time, the Defendant and C reached that time. [Grounds for recognition] There was no dispute, Gap evidence Nos. 1 through 11, Eul evidence No. 6 (which has a serial number) and the purport of the whole pleadings.
2. The assertion and judgment
A. A. Around January 22, 2018, around the time when the Plaintiff’s assertion was delivered to the Defendant, the Defendant was in arrears with three or more times. As such, the instant lease contract was lawfully terminated by the declaration of intention to terminate the contract in accordance with the instant content certification. Even if not, the instant lease contract is deemed to have been terminated when a duplicate of the instant complaint indicating the intention to terminate the instant lease contract was served on the Defendant.
Therefore, the defendant should deliver the real estate of this case to the plaintiff.