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1. The defendant shall be the plaintiff.
가. [별지 1] 목록 기재 부동산의 지하 중 [별지 2] 도면 표시 ㉠, ㉡, ㉣, ㉢...
Reasons
1. Determination as to the cause of claim
(a) The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in Gap evidence 1 to 3:
1) 원고는 [별지 1] 목록 기재 부동산의 지하 중 [별지 2] 도면 표시 ㉠, ㉡, ㉣, ㉢, ㉠의 각 점을 차례로 연결한 선내 (가) 부분 30㎡(지하C호, 이하 ‘이 사건 부동산’이라 한다
(2) On May 1, 2018, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with the effect that the Plaintiff would lease the instant real estate from May 23, 2018 to May 22, 2020, as the lease deposit amount of KRW 3 million and KRW 230,000 per month (the later payment on May 23, 2018) (hereinafter “instant lease agreement”).
3) The Defendant received the instant real estate from the Plaintiff in accordance with the instant lease agreement, and occupied and used the instant real estate until the date of closing the argument. 4) The Defendant did not pay the Plaintiff a rent as stipulated in the instant lease agreement from June 23, 2019 to the Plaintiff.
5) On December 9, 2019, the Plaintiff terminated the instant lease agreement on the ground of the Defendant’s delinquency in rent, and sent a notice of termination of the contract seeking delivery of the instant real estate to the Defendant at that time, and the content of the instant lease agreement reached the Defendant at that time. According to the above facts of recognition, the instant lease agreement was lawfully terminated and terminated around December 9, 2019 by the Plaintiff’s notice of termination to the Defendant (i.e., the Defendant was in fact unable to receive the notice of termination of the instant lease on December 9, 2019, even if the Defendant did not actually receive the Plaintiff’s notice of termination of the instant lease on the ground of the Defendant’s delinquency in rent, it is evident in the record that the duplicate of the instant lease was delivered to the Defendant on March 20, 202, and thus, the instant lease agreement was lawfully terminated and terminated at the latest on March 20, 2020.
. Accordingly.