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The defendant, among the 2nd floor C of the building indicated in the attached list, shall be as follows: (a) walp, (b) walp, (c) walp, and walp.
Reasons
Facts of recognition
A. In July 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant, setting the lease deposit of KRW 5 million, monthly rent of KRW 495,00 (including value-added tax, monthly rent of KRW 1,00), and the lease term of KRW 10,00 square meters (hereinafter “instant lease agreement”) on the part of the ship connected in sequence of each point in the attached drawing section 1, B, C, C, C, 2, and 1,000 square meters (hereinafter “instant store”) from August 1, 2018 to July 31, 2020.
B. The Defendant occupied and used the instant store pursuant to the instant lease agreement, but paid only three-month rent and did not pay the remainder of the rent.
C. As of September 2020, the Defendant did not use and benefit from the instant store by putting it in a factory room. However, the key, etc. was not delivered to the Plaintiff.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 3, Eul's 6, 7, and 8, or the purport of the whole pleadings
2. According to the allegations and the above facts of determination, it is reasonable to view that the instant lease contract was lawfully terminated upon the Defendant’s delivery to the Defendant on May 14, 2020, of a copy of the complaint of this case containing the Plaintiff’s declaration of termination of the lease agreement while the Defendant was in arrears with respect to the instant store for more than three years.
Therefore, the Defendant is obliged to deliver the instant store to the Plaintiff and pay the unpaid rent calculated at the rate of KRW 495,000 per month from December 1, 2018 to May 14, 2020, which is the date of termination of the lease contract.
Furthermore, the Plaintiff asserts that the Defendant is obligated to pay the rent of KRW 495,00 per month until he delivers the instant store. However, after the instant lease contract was terminated on May 14, 2020, it cannot be deemed that the Defendant is obligated to pay the rent under the lease contract. Thus, the Plaintiff’s claim for this portion is rejected.
It is reasonable to rent the Plaintiff’s claim.