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Reasons
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(영문) 수원지방법원 2020.11.30 2020가단17203
건물인도등
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The Defendant, as the Plaintiff

(a) deliver the real estate listed in the separate sheet;

B. From December 3, 2019, the above-mentioned A.

subsection (b).

Reasons

1. Facts of recognition;

A. On March 26, 2009, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 800,000 (payment on April 2, 2009) and the term of lease from April 2, 2009 to April 2, 2010 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Defendant paid KRW 10,000,000 to the Plaintiff, and commenced possession and use of the instant officetel by receiving delivery from the Plaintiff.

Since then, the instant lease contract was implicitly renewed and continued, and its monthly rent was increased by KRW 1,00,000 from July 201.

C. However, the Defendant, under the instant lease agreement, occupied and used the instant officetel, which was explicitly renewed, but did not pay a monthly rent of two months in 2015 and four months in 2016, including the unpaid amount of monthly rent by December 2, 2019, which is the same amount as the lease deposit. The Defendant thereafter did not pay a monthly rent of ten thousand won while occupying and using the instant officetel until the date of closing argument.

On July 15, 2020, the Plaintiff sent to the Defendant any content-certified mail containing a declaration of intent to terminate the instant lease agreement on the ground of the Defendant’s nonperformance of the following obligation (hereinafter “instant termination intention”). The content-certified mail sent to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was lawfully terminated on July 15, 2020, where the indication of intention of termination of the instant case reaches the Defendant.

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