Text
1. The defendant shall be the plaintiff.
(a) order the buildings listed in the separate sheet;
B. From March 31, 2017, the above A
subsection (b).
Reasons
1. Basic facts
A. On February 5, 2016, the Plaintiff entered into a lease agreement with the Defendant and the attached list (hereinafter “instant building”) between the Plaintiff and the lessee, the lessee, the lease deposit amount of KRW 10,000,000, monthly rent, and the lease term of KRW 2,00,000, from February 5, 2016 to February 4, 2018 (hereinafter “instant lease agreement”).
B. According to the instant lease agreement, the lessor may terminate the lease agreement if he/she fails to pay the lessee the rent at a two-year period (Article 4). Upon termination of the contract, the lessee shall restore the leased real estate to its original state and return it to the lessor.
(Article 5) is set forth.
C. On February 5, 2016, the Defendant paid KRW 2,000,000 among KRW 10,000,000, and did not pay the remainder of the deposit. From March 31, 2017 (Date of March 31, 2017), the Defendant did not pay the difference.
Accordingly, on August 9, 2017, the Plaintiff terminated the instant lease agreement against the Defendant on the grounds of the delinquency in paying rent for at least two consecutive periods, and thus, the Plaintiff is seeking the payment of the name of the instant building and the overdue rent.
“The instant suit was filed, and a duplicate of the complaint was served on the Defendant on August 18, 2017.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading
2. Determination:
A. Comprehensively taking account of the circumstances acknowledged prior to the determination as to the cause of the claim, the instant lease agreement is deemed to have been terminated upon the arrival of the Defendant of the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent of more than two years. As such, the Defendant is obligated to order the Plaintiff to order the instant building, which is the leased object, and pay to the Plaintiff monthly rent calculated at the rate of KRW 2,00,000 from March 31, 2017 to the completion date of the name of the instant building.
B. The defendant's assertion was previously accepted by the defendant.