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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From January 1, 2019, the above real estate.
Reasons
1. On January 2018, the Plaintiff: (a) leased real estate listed in the attached list, a commercial building, to the Defendant; (b) KRW 50,00,000, monthly rent of KRW 3.7 million (in advance payment on the first day of each month; separate value-added tax); and (c) from February 1, 2018 to February 28, 2021, the Plaintiff delayed the payment of the rent for at least three years since January 2019; and (c) the Plaintiff was notified by content-proof mail that the lease can be terminated if the rent is not paid within ten (10) days; and (d) on July 2019, the Plaintiff filed the instant lawsuit.
[Reasons for Recognition] Evidence A (including paper numbers), the purport of the whole pleadings
2. Determination
A. Article 10-8 of the Commercial Building Lease Protection Act for the termination of a lease on the ground of the overdue rent (the overdue rent and the termination thereof) provides that "if the overdue rent of a lessee reaches the three-year period of rent, the lessor may terminate the lease (the lease agreement in this case also has the same agreement), and the above lease agreement on the commercial building was terminated upon the notification of termination by the Plaintiff on the ground of the overdue rent for the three-year period of rent or more.
(1) In the event that the Plaintiff’s claim is unreasonable on the ground that the Plaintiff refused to transfer the right of lease to a third party due to health problems while operating a restaurant by leasing a building, the Defendant does not have a duty to consent to the effect that the lessee would transfer the right of lease during the lease period. However, Article 10-4 of the Commercial Building Lease Protection Act (Article 10-4 of the Commercial Building Lease Protection Act, such as the protection of the opportunity to collect the right of lease, etc.) (Article 10-4, such as the protection of the opportunity to collect the right of lease, will become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from six months before the lease expires