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The Defendant
(a) deliver the real estate listed in the separate sheet;
B. From April 20, 2020 to A.
real estate described in the subsection.
Reasons
1. Facts of recognition;
A. On September 16, 2019, the Plaintiff and the Defendant concluded a lease agreement with regard to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with a deposit of KRW 10 million from September 20, 2019 to September 19, 2012 (hereinafter “instant lease agreement”).
B. The Plaintiff received deposit from the Defendant and delivered the instant real estate to the Defendant on September 20, 2019.
C. On September 20, 2019, the Defendant deposited KRW 990,00,000 as rent, KRW 710,000 on November 4, 2019, KRW 90,000 on November 22, 2019, KRW 180,000 on February 8, 2020, KRW 9,000 on March 23, 2020, and KRW 90,000 on April 23, 2020.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The key point of the Plaintiff’s assertion is that the rent paid by the Defendant is appropriated for the rent from April 19, 2020 to that of April 19, 2020, but the rent is at least two in arrears thereafter. Therefore, the instant lease contract is terminated.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the money at the rate of KRW 900,000 per month from April 20, 2020 to the completion date of the delivery of the instant real estate.
In light of the changed reasons for the claim, the Plaintiff’s assertion is examined as above.
B. According to a specific determination, the above fact of recognition can be acknowledged that even if the rent paid by the Defendant was appropriated in order to the previous rent in arrears, it is still not paid as two or more vehicles, and the Plaintiff stated in the application form for modification of the purport and cause of the instant lease the intent to terminate the instant lease on the ground of not less than two years in arrears, and did not explicitly state in the application form for modification of the purport and cause of the claim, but did not explicitly state in the application form for modification of the purport and cause of the claim, so it can be seen as the above fact of the previous assertion.
As the above written application was served on the Defendant, the instant lease contract was terminated and terminated.
(c).