(a) Validity of notice of termination of a contract with a 36-day grace period;

(b) Exercise of right to cancel a contract and abuse of rights on the grounds of pride in rents in several months;

A. The notice of termination of the contract shall be valid when demanding the payment of a joint and several rent with a 36-day grace period.

B. The exercise of the right to terminate a contract on the ground of the payment of rent over several months is not an abuse of rights.

Articles 544 and 2(2) of the Civil Act

Eaptables

Park Jong-nam

Busan District Court Decision 60No426 delivered on June 7, 1961

The original judgment shall be reversed.

The case shall be remanded to the Daegu High Court.

The grounds of appeal by the plaintiffs' attorney are subsequent to the statement in the grounds of appeal.

According to the original judgment on the first and second grounds for appeal, the court below acknowledged that the amount of overdue rent under the contract to the plaintiffs on this case was 628,5062 exchange against the defendant, and it is necessary to terminate the contract in the absence of the plaintiffs' notice of termination of the contract with a reasonable period of time for the plaintiffs to pay rent, and it cannot be deemed that the contract was terminated with a reasonable period of time under the evidence No. 2 and No. 3-1 of the plaintiff's assertion that the termination of the contract cannot be deemed legitimate termination of the contract, and even if not, the plaintiff's exercise of the right to terminate the contract cannot be deemed abuse of the right. According to the evidence No. 2 of the judgment of the court below which recognized the legitimate authenticity of the contract No. 1 of this case as 6 of April 15, 1959, the plaintiff Byung's assertion that the defendant used the building on this case as well as the defendant's opinion that the contract was terminated for the first and fifth reasons for the plaintiff's refusal of the contract.

Justices of the Supreme Court (Presiding Judge)