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1. The defendant
(a) deliver the buildings listed in the separate sheet;
B. From 250,00 won and June 7, 2020 above
Reasons
1. Basic facts
A. On August 2, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with the Defendant with the terms that the Plaintiff leased the building listed in the attached list (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 5 million, monthly rent of KRW 750,000 (payment after August 6, 2019), and the period from August 6, 2019 to August 6, 2020.
Article 4 of the instant contract provides that “If a lessee fails to pay rent for at least two consecutive periods, the lessor may terminate the instant contract immediately.”
B. The Defendant paid to the Plaintiff KRW 5 million and KRW 750,000 as of September 6, 2019, March 8, 2020, and April 8, 2020, respectively, the Plaintiff used and profit from the instant real estate from August 6, 2019 to the date.
C. On September 6, 2019, the Plaintiff paid KRW 750,000 to the Defendant, and thereafter did not pay the monthly rent from December 6, 2019. On December 27, 2019, the Plaintiff filed the instant lawsuit against the Defendant for termination of the instant lease agreement and seeking to transfer the said real estate on the grounds of the Defendant’s failure to pay the three-year rent. The duplicate of the instant complaint containing the declaration of termination of the instant lease agreement reaches the Defendant on January 3, 2020.
Since then, the Plaintiff added the claim for return of unpaid rent and unjust enrichment from the rent deposit after deducting the lease deposit.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7
2. According to the above facts of determination, the instant lease agreement was lawfully terminated on January 3, 2020 by the Plaintiff’s declaration of intention to terminate the lease contract on the ground of the Defendant’s second overdue default.
Although the Defendant alleged to the effect that, around December 25, 2019, the Plaintiff agreed to pay the unpaid rent between the Plaintiff and the Plaintiff around January 2020, and that the instant lease agreement continued to be maintained, there is no evidence to acknowledge it.
Therefore, the lease contract of this case is terminated.