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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, and 4 among the first floor of the building indicated in the attached Table No. 1.
Reasons
1. Determination as to the main claim
A. (1) On June 3, 2013, C (the representative of D Licensed Real Estate Agent) who represented the Plaintiff (A) entered into a lease agreement with the Defendant on June 3, 2013 on the condition that the leased building of this case is to be leased at KRW 600,00 (hereinafter “the lease building of this case”) by setting the lease deposit amount of KRW 23 square meters (hereinafter “deposit deposit in preparation for settlement of expenses for restitution, etc.”) from among the 1st floor of the building listed in the attached Table, the leased building of this case was delivered to the Defendant on June 7, 2013.
(B) At the time of entering into the instant lease agreement, the Defendant did not pay the following amounts, except for the amount of KRW 1,000,000,000, in total, of the lease deposit and monthly rent for one month advance payment to C who represented the Plaintiff.
(C) On September 10, 2013, C representing the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract is terminated on the grounds of not less than two years of arrears, and the duplicate of the instant complaint stating the same purport was served to the Defendant on May 20, 2014.
[Ground of recognition] The lessor may terminate the contract when the lessee's deferred amount of rent exceeds the amount of two times of rent for the lease of a building, in the case of the lease of a building that is determined based on Gap evidence No. 1 (the establishment of the petition by the witness C's testimony), Gap evidence No. 2, Eul evidence, Eul's testimony and whole purport of oral argument (2)
(Article 640 of the Civil Act). As to the instant case, the fact that the Defendant did not pay a monthly rent to the Plaintiff except that the Defendant paid a monthly rent for one month at the time of the conclusion of the instant lease agreement is as seen earlier. Therefore, it is deemed that the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination to the Defendant.
Therefore, the defendant, barring any special circumstance, does not constitute the plaintiff.