beta
Text
1. Defendant B:
(a) deliver the buildings listed in the separate sheet;
(b)payment of 3.6 million won;
(c) on April 2016.
Reasons
1. Facts of recognition;
A. On April 6, 2015, the Plaintiff entered into a lease agreement (hereinafter referred to as the “instant lease agreement”) with Defendant B, setting the rental deposit amount of KRW 6 million, monthly rent of KRW 900,000,000,000 from April 8, 2015 to April 7, 2016 (after that, due to the repair of the singular drain hole within the instant building, the said lease agreement was subsequently changed from April 23, 2015 to April 22, 2016) to be leased (hereinafter referred to as the “instant lease agreement”).
B. While Defendant B occupied, occupied, and used the instant building upon delivery, the instant lease agreement was implicitly renewed, Defendant B paid only part of the instant lease agreement at any time due to the delay in payment of the rent. From May 22, 2016 to May 22, 2016, only KRW 4.4 million out of the rent of KRW 11.7 million was paid.
C. On August 4, 2016, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of delinquency in rent at least twice by content-certified mail, and around that time, the said content-certified mail reached Defendant B.
After receiving the above content-certified mail, Defendant B paid KRW 4 million on several occasions between September 9, 2016 and December 8, 2016.
E. Meanwhile, Defendant C, together with Defendant B, has occupied and used the leased object of this case jointly with Defendant C.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the facts of the first instance judgment as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated and terminated according to the Plaintiff’s notice of termination on August 4, 2016, which was made on the grounds of delinquency in rent two or more occasions by Defendant B, and the Defendant B is obligated to deliver the leased object to the Plaintiff, and on the other hand, the Defendant C has a legitimate right to possess and use the leased object.