1. The defendant shall be the plaintiff.

(a) deliver one story 213.4 square meters among buildings listed in the attached Form;

B. From February 1, 2019, the above buildings.

1. Basic facts

A. On November 27, 2017, the Plaintiff leased real estate (hereinafter “instant building”) indicated in the order that he/she owns to the Defendant, with the lease deposit of KRW 10 million, monthly rent of KRW 2.1 million, and the lease term from February 1, 2017 to November 30, 2019.

(hereinafter “Lease of this case”). At the time of the lease of this case, the Plaintiff and the Defendant agreed that the lease of this case may be terminated if the Defendant did not pay the monthly rent for at least three months.

(hereinafter “instant special agreement”). B.

The Defendant, while running a restaurant in the instant building, delayed the payment of monthly rent for four months around October 2018 to the Plaintiff. Accordingly, the Plaintiff urged the Defendant to pay monthly rent, and notified the Defendant of the termination of the instant lease agreement on October 10, 2018 on the ground that the Defendant delayed the payment of monthly rent for at least three months, and the said notification reached the Defendant around that time.

C. On October 30, 2018, the Defendant paid 8.4 million won for the monthly rent that was delayed for four months to the Plaintiff, and paid as the monthly rent from January 30, 2019. However, the monthly rent from February 1, 2019 is not paid.

The Defendant brought a lawsuit against the Plaintiff seeking payment of facility cost of KRW 68 million as the Ulsan District Court 2019No4242, but the above court rendered a judgment dismissing the Defendant’s claim to the effect that it is difficult to deem that the Defendant increased the value of the instant building on July 2, 2019, and that the Defendant entered into a special agreement to waive the right to claim the return of beneficial costs, and the judgment became final and conclusive around that time.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 4, and the purport of whole pleadings.

2. Determination

A. According to the above facts as to the cause of the claim, since the defendant delayed the payment of the three-year monthly rent to the plaintiff, it shall be deemed that the right to terminate the lease contract of this case was established, and even if the defendant paid the delayed monthly rent to the plaintiff, it has already occurred.