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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On September 26, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease of real estate listed in the separate sheet, which is a publicly constructed rental house (hereinafter “instant apartment”), by setting the lease deposit as KRW 9,351,00, KRW 117,090, KRW 117,090, and the lease term as of July 31, 2014 (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.
5. A lessee under Article 4 (Management Expenses and Fees) of the general conditions of a contract shall pay management expenses and user fees by the end of each month, as notified by the lessor or the managing body designated by the lessor.
Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee has committed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:
4. Where the rent is in arrears for at least three consecutive months;
9. Where he/she violates his/her duty under this lease contract.
6. Article 8 (Payment of Rent, etc. Following Cancellation and Termination of Lease Contract) (1) In the event that a lease contract is canceled or terminated due to any cause falling under any subparagraph of Article 10 of the General Conditions of the Contract, the lessee shall order the lessor to do so within one month from the date of cancellation or termination of the lease contract, and shall pay all the amount of rent, management fee, etc. from the date of cancellation or termination to the date of order.
B. However, the Defendant’s delayed payment of monthly rent for at least three consecutive months from the delivery of the instant apartment to July 2015 and the sum of the rent in arrears as of July 2015 reaches KRW 2,028,980.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. According to the above facts, the grounds for termination of the contract stipulated in the instant lease agreement have occurred according to the Defendant’s delinquency in rent for at least three consecutive months, and the Plaintiff.