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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On October 10, 2015, the Plaintiff and the Defendant concluded a lease agreement with a lessor, Defendant, as indicated in the separate sheet (hereinafter referred to as “instant building”) with respect to the building owned by the Plaintiff, the lease deposit was KRW 10,000,000, monthly rent of KRW 400,000, and the contract period was from October 10, 2015 to October 10, 2017. The said lease agreement was extended by two years on the same condition as October 10, 2017, and the contract period was extended to October 10, 2019.
(hereinafter referred to as “instant lease agreement”). B.
Article 4 of the lease contract of this case contains the following contents:
Article 4 [Termination of Contract] When the lessee's delayed amount of rent reaches the amount of two-term rents, or violates Article 3.
C. On February 19, 2018, the Plaintiff sent to the Defendant a document stating that “the Defendant did not pay the monthly rent in December 2017 under the instant lease agreement and the monthly rent in January 2018 and February 10, 2018. If the monthly rent was not paid by March 10, 2018, the Plaintiff sent the document stating that “I will hold the house off by April 10, 2018,” by content-certified mail, and the Defendant received the said mail around that time.
The Defendant submitted the written response to March 16, 2018 to this court. The written response provides that “It is true that the Defendant entered into a monthly rent contract with the Plaintiff to lease the building currently residing from October 10, 2017 to October 9, 2019, and that it does not pay monthly rent for three months.”
[Reasons for Recognition: Descriptions of Gap evidence Nos. 1 through 3 (including a certified copy of the register and a building register attached to the complaint), the purport of the whole pleadings]
2. Determination
A. According to the facts examined prior to the determination of the cause of the claim, the instant lease agreement was terminated on March 11, 2018 by the Defendant’s three-month overdue payment and the Plaintiff’s notice of termination of the lease agreement.
In addition, the date of closing the argument of this case.