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1. The defendant
(a) deliver the buildings listed in the separate sheet;
(b) KRW 3,00,000 and for this, March 2019.
Reasons
1. Basic facts
A. On May 31, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease term as three months from May 31, 2018 to August 31, 2018, with respect to the buildings listed in the attached list (hereinafter “instant store”) as down payment of KRW 3,00,000, monthly rent of KRW 1,000,000 (excluding value-added tax), and the lease term of KRW 1,00,000 (excluding value-added tax).
B. On May 31, 2018, the Defendant paid KRW 3,300,000 (a contract amount of KRW 3,000,000,000) to the Plaintiff.
C. The Defendant occupied and used the instant store without paying monthly rent from November 1, 2018.
According to Article 3 of the terms and conditions of the instant lease agreement, the lessee stipulates, “In the event of a breach of this contract, the lessee shall bear all the incidental expenses, including the costs of the lawsuit, and shall pay the lessor a double the amount of the down payment as penalty.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The Commercial Building Lease Protection Act provides that the term of lease which does not set the period of standing or is set to be less than one year shall be deemed one year.
(Article 9. main text). The purpose of this article is to ensure that the term of lease can continue to exist for at least one year to protect the lessee of a commercial building.
Any agreement unfavorable to the lessee is null and void.
(Article 15). However, in the case of a lessee's rent for not less than three years (Article 10-8), the lessor may terminate the lease even if the lease is in a period of one year.
This is because it does not purport to protect the tenant who has continuously failed to pay the shortest period of guarantee, and to protect the tenant who has continuously failed to pay the shortest period of guarantee.
B. According to the facts found earlier, since the Defendant was in arrears with at least three vehicles from November 1, 2018, the Plaintiff may terminate the instant lease contract from February 1, 2019. As such, the written brief dated March 12, 2019, which contains the Plaintiff’s declaration of termination, is served on the Defendant.