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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) KRW 26,600,000 and this shall be applicable thereto.
Reasons
1. Basic facts
A. On February 19, 2016, the Plaintiff concluded a lease agreement on the following terms: (a) leased the building indicated in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant (hereinafter “instant lease agreement”); and (b) delivered the instant building.
Lease term: From March 1, 2016 to February 28, 2018, lease deposit: 40 million won per month: If the delayed amount of rent of a lessee who is paid in advance falls short of the three-term rent, the lessor may terminate this contract.
B. (1) On March 9, 2016, the Plaintiff entered into a contract with the Defendant for establishing a chonsegwon with a deposit money of KRW 40 million for the instant building, from March 1, 2016 to February 28, 2018, and entered into a contract for establishing a lease on a deposit basis for lease on a deposit basis with the Defendant as to the instant building (hereinafter “instant lease on a deposit basis”).
(2) On March 11, 2016, the Defendant completed the registration of establishment of the right to lease on a deposit basis (right to lease on a deposit basis), which was the debtor, in relation to the right to lease on a deposit basis (right to lease on a deposit basis) to the Saemaeul Fund of the Yong-Naman, Seoul.
C. The Defendant’s failure to pay the rent and the Plaintiff’s termination notification 1) paid only the rent to the Plaintiff until May 31, 2016, and did not pay the rent from June 1, 2016. (2) On September 29, 2017, the Plaintiff sent to the Defendant a certificate of the termination of the instant lease agreement on the grounds that the Defendant was in arrears for 15 months, and the content certification reached the Defendant around that time.
【Ground of recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts acknowledged by paragraph (1) of the judgment on the extradition claim, since the amount of rent overdue by the Defendant around September 29, 2017 exceeds three times the amount of rent, the Plaintiff acquired the right to terminate the lease contract of this case.