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The Defendant, as the Plaintiff
A. Of the 168.09 square meters of underground floor of the building listed in the attached list, indication 1,2,3,4,4,5,6,7, of the attached Form No. 1,2,3,4,6,7, and
Reasons
1. Facts of recognition;
A. (1) On December 2002, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 8 million, monthly rent of KRW 7.6 million, management expenses of KRW 40,000 (payment of rent and management expenses on the 10th day of each month), and period of lease from December 15, 2002 to 36 months (hereinafter “the instant lease agreement”).
(A) The instant lease agreement was finally renewed on December 2017, which was finally renewed. (2) The Defendant has operated a singing room on the instant real estate.
B. However, the Defendant did not pay rent and management expenses from November 2017. On October 31, 2018, the Defendant paid only KRW 1.6 million to the Plaintiff for a total of two-month rent and management expenses.
[Reasons for Recognition] Judgment by Publication (Article 208 (3) 3 of the Civil Procedure Act)
2. Determination
A. After concluding the instant lease agreement, the Defendant did not pay to the Plaintiff the rent of KRW 1.6 million, which fell under the rent of KRW 1.6 million among the rent of 11 months pushed down at the time of October 31, 2018.
Accordingly, the Plaintiff terminated the instant lease contract by serving a copy of the application for modification of the purport of the claim and the cause of the claim on September 16, 2020 (hereinafter “instant application for modification”). The Defendant is obligated to deliver the instant real estate to the Plaintiff.
In addition, the defendant does not pay rent and management expenses from January 1, 2018 and occupies and uses the real estate of this case. The defendant is obligated to pay to the plaintiff the amount calculated by applying the rate of KRW 2,560,000,000 per month from January 11, 2018 to September 10, 2020, when the copy of the application for alteration of this case terminated by the plaintiff from the time when the plaintiff was served, to September 10, 2020, to the time when the copy of the application for alteration of this case was terminated.
B. As seen earlier, the Defendant did not pay taxes for more than three years, which is the difference under the instant lease agreement, and thus, the Plaintiff is a commercial building.