Text
1. The defendant
(a) Ulsanbuk-gu, Ulsan-dong, 177-3 land for a factory, 715 square meters above 715 square meters, a panel of a general steel structure, shall be the roof;
Reasons
1. Determination as to requests for removal of buildings, delivery of land, etc.
A. The Plaintiff, the owner of the land for factory in Ulsan-dong, Ulsan-dong, 177-3 (hereinafter referred to as the “instant land”) was determined on May 15, 2012 to lease the said land to the Defendant from May 15, 201, by setting the deposit amount of KRW 30 million, monthly rent of KRW 1.8 million, monthly rent of KRW 1.8 million, and the period from July 1, 2012 to June 30, 2017.
[A] Article 4 of the lease contract provides that "If a lessee fails to pay a rent on at least two occasions consecutively, the lessor may terminate this contract without delay."
- On December 24, 2012, the Defendant newly constructed a general steel structure board factory of 476.34 square meters on the ground of the instant land (hereinafter referred to as the “instant building”).
- The Defendant borrowed the instant building from the Busan Bank as collateral, and on December 31, 2012, set up a right to collateral security of KRW 300 million in the future of the Busan Bank.
- The Defendant did not pay rent after June 2016.
Accordingly, the plaintiff notified that the above lease contract is terminated as a duplicate of the complaint of this case.
- After the Plaintiff’s filing of the instant lawsuit, the Defendant paid monthly rent of June 30, 2017 and July 31, 2017 (B 1 and B), which was due to the monthly rent of July 31, 2017 (B 1 and B), and this was fully appropriated for the monthly rent of July 2016.
- On the other hand, on January 29, 2018, the Plaintiff notified the Busan Bank, a mortgagee of the instant building, to the effect that the lease contract for the instant land was terminated for the said reasons, and the content certification was served on the Busan Bank on January 30, 2018.
[A] 5] B.
Judgment
(1) In the lease of a building or any other structure under Article 640 (Lease and Termination) upon termination of a lease agreement on the land of this case, the lessor may terminate the lease if the annual rent of the lessee amounts to two terms of rent.
Article 641 (Idem) The provisions of the preceding Article shall also apply mutatis mutandis to the case of land lease the object of which is to own a building or any other structure, or to planting, collecting salt, or cutting cattle.