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1. The defendant shall be the plaintiff.
(a) deliver each real estate and facility listed in the separate sheet;
(b)24,800,000 won; and
Reasons
1. Facts of recognition;
A. On October 5, 2015, the Plaintiff leased each real estate and facility listed in the separate sheet (hereinafter “instant leased object”) to the Defendant as KRW 50,000,000, monthly rent 4,400,000 (including prepaid and value added taxes by no later than five days before the lease date) and the lease period from October 5, 2015 to October 31, 2017, respectively.
(hereinafter “instant lease agreement”). From around that time, the Defendant had been operating a gas station in the leased object of this case, and thereafter, the maturity of the instant lease agreement was extended until October 31, 2019.
B. The Plaintiff and the Defendant agreed to immediately terminate the lease contract in the event that the Defendant did not pay the rent more than twice after the due date of payment under the instant lease contract.
C. The Defendant: (a) paid from July 5, 2018 to August 4, 2018 (from July 5, 2018 to August 4, 2018); and (b) did not pay any rent thereafter; (c) notified the Defendant that the instant lease contract was terminated on December 3, 2019 on the ground that the rent was overdue.
Since December 19, 2018 and January 8, 2019, the Defendant paid each of the following amounts to the Plaintiff for August 2018 (from August 5, 2018 to September 4, 2018) and for September 2018 (from September 5, 2018 to October 4, 2018), but did not pay the following amounts.
E. In filing the instant lawsuit, the Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a copy of the complaint on the grounds of the Defendant’s delinquency on at least two occasions, and the duplicate of the complaint was served on the Defendant on February 28, 2019.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 3, and 6 evidence (including each number in the case of additional number), the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is not less than twice but not less than twice. Thus, the instant lease agreement was lawfully terminated by the delivery of a copy of the instant complaint containing the Plaintiff’s expression of intent to terminate.
Therefore, it is true.