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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. 1) On December 11, 2012, the Plaintiff: (a) on the part of the Defendant on December 11, 2012, the Plaintiff is 98.80 square meters of one story among the four-story housing and neighborhood living facilities located in Seocheon-si, Seocheon-gu, Seocheon-gu, the Plaintiff owned by the Defendant (hereinafter “the leased object of this case”).
A) A deposit of KRW 20 million, monthly rent of KRW 1.5 million (payment on November 30, 201, and lease period from November 30, 2012 to November 29, 2014; however, a contract under which the Plaintiff may terminate the lease contract if the Defendant fails to pay the rent at least three times (hereinafter “instant lease contract”).
(2) On September 25, 2014, the Plaintiff sent to the Defendant a certificate to the effect that the instant lease contract is terminated, and the content certification reached the Defendant on September 26, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
B. According to the above facts of recognition, the lease contract of this case was terminated unless there are special circumstances, and the defendant is obligated to deliver the object of the lease of this case to the plaintiff.
(1) The court below's decision on February 2, 198 on the following grounds: (a) although the defendant alleged that he was in arrears, there is no evidence to prove that the defendant was in arrears as of the date of the closing of argument in this case; and (b) as long as the defendant did not pay the rent corresponding to three minutes of arrears, it is reasonable to deem that the requirements for termination of the lease in this case were satisfied even if the defendant paid it after the delay in payment of the rent corresponding to the three minutes of arrears in the interpretation of the lease in this case.
A. The defendant's assertion is made on March 25, 2015 by the plaintiff.