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1. The defendant
(a) deliver the real estate listed in the separate sheet;
B. From June 13, 2012, the above real estate.
Reasons
1. Facts of recognition;
A. On November 30, 2004, C entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) with a lease deposit amount of KRW 5 million, monthly rent of KRW 300,000,000, and KRW 24 months for the lease period (hereinafter “instant lease agreement”).
B. The defendant acquired the real estate of this case from C on November 30, 2004 and used it until now.
C. On June 13, 2012, the Plaintiff: (a) donated the instant real estate from the mother-friendly C and completed the registration of ownership transfer; and (b) decided to succeed to the lessor’s status under the instant lease agreement with C.
The Defendant did not raise any objection against the succession of the lessor status under the instant lease agreement.
Before June 13, 2012, the Defendant had not paid two or more monthly rents.
Accordingly, while filing the instant lawsuit, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in paying two or more rents, and the duplicate of the instant complaint containing the said declaration of termination was served on the Defendant on August 10, 2012.
[Grounds for Recognition: Facts without dispute, Gap 1, Gap 2-1, Gap 6-1, and the purport of the whole pleadings]
2. Determination
A. (1) In light of the fact that the Defendant did not raise any objection to the Plaintiff’s succession to a lessor’s status under the instant lease agreement, it is reasonable to deem that the Defendant impliedly consented to or ratified the Plaintiff’s succession to a lessor’s status. As such, the Plaintiff succeeded to the lessor’s status under the instant lease agreement even in relation to the Defendant.
I would like to say.
(see Supreme Court Order 98Ma100, Sept. 2, 1998). However, as seen above, insofar as the Plaintiff expressed its intention to terminate the instant lease contract by the instant lawsuit on the grounds of the delinquency of rent for more than two years, as long as the Plaintiff stated its intention to terminate the instant lease by reason of the delinquency of rent for more