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1. The defendant shall be the plaintiff.
A. Attached Form
1. Attached Form eight floors of buildings indicated in the indication;
2.(1), (2), (3), and (4).
Reasons
1. Facts of recognition;
A. The Plaintiff around February 2015 and the Defendant and the disposition No. 1-A.
With respect to a building 56.76 square meters as indicated in the port (hereinafter “instant building”), a lease agreement was entered into between February 15, 2015 and February 14, 2016 (hereinafter “instant lease agreement”) with respect to the rent of KRW 468,270 per month, and the lease period of KRW 15,270 per annum.
B. According to the instant lease agreement, the Plaintiff may terminate the instant lease agreement if the Defendant was in arrears for at least three months.
C. The Plaintiff and the Defendant, around February 2016, renewed the said lease agreement by setting the rental period from February 15, 2015 to February 14, 2017.
From May 15, 2015, the Defendant delayed the rent and management expenses, and on August 19, 2016, the Plaintiff notified the Defendant of the removal from the instant building by August 26, 2016.
E. 1) As of September 14, 2016, the rent and management expenses that the Defendant had unpaid as of May 14, 2016 are KRW 8,57,030 as follows: ① the rent unpaid from May 15, 2015 to September 14, 2016 (=4,214,270 won x 9 months x 3,466,360 won unpaid from February 15, 2016 to September 14, 2016 (=49,480 won x 7 months x 7 months x 3040 won) (i) the Plaintiff received the payment from the Defendant for the rent and management expenses unpaid from May 15, 2015 to September 14, 2016 to KRW 84,240,52,589,4600,3600 deposit x 3646,467,4605,205).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination:
A. According to the facts of the determination on the request for extradition, the instant lease agreement was terminated on August 26, 2016 due to the Plaintiff’s notice of termination on the grounds of the Defendant’s delinquency in rent. Therefore, even if the said notice of termination is illegal, the said notice of termination is deemed to contain an expression of termination.