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1. The defendant,
A. Upon receiving KRW 5,00,000 from the Plaintiff, the Plaintiff is at the same time out of the real estate indicated in the attached Table.
Reasons
1. Facts of recognition;
A. On February 10, 2014, the Plaintiff leased the instant lease contract to the Defendant for a period of KRW 5 million, KRW 450,000,000 per month (payment on February 29, 201), and between February 10, 2014 and 24 months (hereinafter “instant lease contract”). The instant lease contract has been explicitly renewed thereafter.
B. The Defendant delayed the rent from June 2014 to March 6, 2014, and paid the rent in February 2019 to August 25, 2019 ( eventually, as of August 2019, at least three (3) months from March 2019).
Meanwhile, the Defendant paid on July 27, 2020 that it was the tea for December 2019 and January 2020 ( eventually, the Defendant was in arrears for at least three months from February 2020 based on July 2020).
On July 2020, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement on the ground that the instant lease contract was terminated for not less than three years in arrears.
Meanwhile, on July 29, 2020, the Plaintiff sent to the Defendant a certificate of the content of the Plaintiff on July 29, 2020, which contained the above declaration of the same termination, but was returned to the Defendant’s rejection on July 31, 2020. On the same day, the Defendant deposited KRW 2.7 million in total for six months from February 2020 to July 2020 on the ground that the Plaintiff’s refusal to receive payment was made by designating the Plaintiff as the principal agent.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant on the grounds of the Defendant’s delinquency in payment of rent for at least three years around July 2020, and thus, the instant lease agreement was lawfully terminated and terminated upon the Plaintiff’s declaration of termination.
I would like to say.
In addition, at the time of deposit of payment by the defendant, the plaintiff refused to receive the rent in arrears.