beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On May 8, 2015, the Plaintiff completed the registration of ownership transfer based on sale on May 4, 2015.
B. On May 9, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the instant real estate as the monthly rent of KRW 1,000,000 without a deposit for lease, and from May 9, 2015 to May 8, 2017, without a deposit for lease with the Defendant, and delivered the instant real estate to the Defendant.
C. Article 4 of the instant lease agreement provides that “If the lessee’s delayed amount of rent reaches the amount of two years of rent, the lessor may immediately terminate this contract.”
The defendant did not pay the plaintiff KRW 24,000,000 for the total monthly rent for 24 months, a lease term.
E. On May 25, 2017, the Plaintiff sent to the Defendant any content-certified mail containing the content that “the Defendant did not pay the monthly rent of KRW 24,00,000 from May 10, 2015 to May 9, 2017, and the final notification that the instant lease agreement was terminated” was sent to the Defendant, and the said content-certified mail reached the Defendant around that time.
F. The defendant occupies the real estate of this case until now.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1, 2, 6, and 8 evidence (including each number, Gap 1, and Eul 2 (real estate lease agreement) are presumed to have established the authenticity of the entire document because there is no dispute between the parties that the stamp image of the defendant's name was affixed with the defendant's seal. The defendant asserted that the plaintiff used the defendant's stamp as an area, but there is no evidence to acknowledge it. Rather, according to Gap 4's evidence, the defendant filed a complaint against the plaintiff as an alleged charge of forgery of a private document, etc., but the police sent the plaintiff to the prosecutor's office by reason of non-prosecution (not guilty). The purport of the whole pleadings is as follows.
2. Determination: