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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Determination on the cause of the claim
A. 1) On December 3, 2014, the Plaintiff: (a) on December 3, 2014, one left-hand side of the first floor C in Suwon-si, Suwon-si, the Defendant (hereinafter “instant real estate”).
2) The term “instant lease agreement” was determined and leased from December 3, 2014 to December 2, 2015 (hereinafter “instant lease agreement”) as the deposit amount of KRW 2 million, monthly rent of KRW 200,000,000, and the term of lease from December 3, 2014.
(2) The Defendant is in possession and use of the instant real estate from December 3, 2014.
3) From October 3, 2015, the Defendant did not pay monthly rent to the Plaintiff from October 3, 2015 to the date. 4) The Plaintiff declared at the instant complaint that the Plaintiff would terminate the instant complaint on the grounds of non-payment of monthly rent at least twice, and the Defendant was served with a duplicate of the instant complaint on April 26, 2016.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
B. In the lease of a judgment building or other structure, a lessor may terminate the lease if the annual rent of a lessee reaches the two-term rent (Article 640 of the Civil Act). According to the above recognition, the lease contract of this case was terminated on April 26, 2016 due to the Defendant’s delinquency in monthly rent. Thus, the Defendant is obligated to deliver the building of this case to the Plaintiff, and the Defendant is obligated to pay the rent of this case calculated at the rate of KRW 200,000 per month from October 3, 2015 to the completion date of delivery of the real estate of this case.
2. 피고의 주장에 대한 판단 피고는 이 사건 부동산에 빗물이 콸콸 새고 누수로 인해 단전이 되는 등으로 주거용으로 사용할 수 없는 심각한 하자가 있어, 이를 원고에게 통보하면서 이사비와 수리비, 보증금을 돌려달라고 했으나, 이를 돌려주지 아니하여 월세를 지급하지 아니한 것이므로, 월세 미지급에 정당한 사유가 있어 원고의 차임 청구 및 이를 이유로 한 해지 등 청구가 이유 없다는 취지로 주장한다.
However, the evidence Nos. 1 to 3 submitted by the defendant is proved.