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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, in addition to adding the following judgments to the Defendant’s new argument at this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance.
2. The addition;
A. The Defendant’s assertion, as alleged in the first instance trial, asserts that the Plaintiff’s claim is groundless since the Defendant additionally paid the rent of KRW 341,290 on November 9, 2018 and KRW 500,000 on management expenses, in addition to the payment of KRW 45,670 on August 14, 2018, and KRW 262,630 on management expenses.
B. In order for the relevant legal rental business entity to cancel or terminate a lease agreement on the ground of the nonperformance of the obligation under the lease agreement, the obligation should be deemed to fall under the principal obligation of the lease agreement, as well as to allow a lessee who violated the relevant obligation to use and profit from a rental house is in violation of the legislative intent of the former Rental Housing Act or in essence infringing on a lessor’s right as a lessor, etc., and thus, should be deemed to have a significant reason to be equally assessed as the grounds for cancellation or termination under Article 26(1) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 22102, Mar. 26, 201
(see, e.g., Supreme Court Decision 2016Da241805, 241812, Feb. 8, 2018).
Judgment
If the purport of the entire argument is added to the evidence Nos. 5, 7, and 1 of this case, the duplicate of the complaint of this case containing the plaintiff's expression of intent to terminate the lease contract to the defendant on July 13, 2018 can be acknowledged that the defendant was in arrears with the rent of 42,60 won (per July 2017), management fee of 937,430 won (from September 2017 to May 5, 2018), litigation fee of 180,110 won, total of 1,160,140 won.
Examining the above facts in light of the legal principles as seen earlier, the Defendant’s rent and approximately one-month rental fee around July 2018.