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1. The defendant is paid KRW 10,000,000 from the plaintiff and at the same time, from among the real estate listed in the attached Table to the plaintiff.
Reasons
Basic Facts
A. On August 22, 2014, the Defendant, from C, operated the instant commercial building: (a) a deposit of KRW 10,000,000; (b) a monthly rent of KRW 1,200,000; and (c) a lease period of KRW 1,20,000 from September 5, 2014 to September 4, 2016; and (d) a lease of the instant commercial building (hereinafter “D”) as of September 5, 2016; and (b) agreed that the lessor may immediately terminate the instant lease contract if the lessee fails to pay the rent more than twice in arrears.
B. On May 30, 2016, the Plaintiff purchased real estate listed in the separate sheet from C on May 30, 2016, and succeeded to the lessor status of the instant lease agreement concluded by the Defendant and C by completing the registration of transfer of ownership under the name of the Plaintiff as the receipt of No. 24140 on July 11, 2016.
C. On October 6, 2016, after the expiration of the lease term, the Plaintiff sent to the Defendant a certificate to the effect that the instant lease contract is terminated on the ground that the Defendant continued to pay the rent for June and July 2016, which was due to the expiration of the lease term, and reached the Defendant on October 7, 2016.
On November 21, 2016, the Plaintiff filed the instant lawsuit seeking the delivery of the instant commercial building on the ground that the Defendant was in arrears for at least three months, and that the instant lease contract was terminated.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, and Eul evidence Nos. 1, and judgment as to the cause of claim as a whole of the pleadings, whether the lease contract of this case has been lawfully terminated, and the fact of payment of rent in the lease relationship has the burden of proof to the lessee.
In this regard, there is no evidence to acknowledge that the defendant paid the difference in time (see, e.g., Supreme Court Decision 2004Da19647, Jan. 13, 2005).
Rather, according to Article 10-8 of the Commercial Building Lease Protection Act, the lessee's delayed rent is three rents.