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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From December 10, 2015, the above real estate.
Reasons
1. Facts of recognition;
A. On November 9, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff on the terms and conditions that real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant housing”) lease deposit amounting to KRW 5 million, KRW 600,000 per month of rent (payment after November 10, 2015), and the period from November 10, 2015 to November 9, 2017.
B. The Defendant paid the lease deposit to the Plaintiff around that time, and did not pay the rent from December 10, 2015 while occupying and using the instant house.
C. Accordingly, the Plaintiff filed the instant lawsuit on April 12, 2016, and the duplicate of the instant complaint containing the intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency at least two times in rent was served on the Defendant on April 22, 2016.
[Ground of recognition] Facts without dispute, obvious facts in record, Gap 1-4 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease contract was lawfully terminated by the Plaintiff’s notice of termination.
The defendant did not properly remove the defects, such as mycoi generated by damp, and the defendant did not pay the tea. Therefore, the termination on the ground of the overdue rent is unjust.
However, comprehensively taking account of the overall purport of the arguments and arguments in the statements and videos Nos. 5 and 6, the Plaintiff was engaged in repairing remote areas at the Defendant’s request, and if normal rent is paid, it is clear that the Defendant would confirm the damage, etc. to clothes and clothes claimed by the Defendant and take appropriate measures. However, the Defendant did not cooperate with the Plaintiff’s repair work on the ground of such reasons, but did not pay the difference at all except for one-month rent while continuing to reside in the instant house.