건물명도
1. From 50,00,000 to 16, 2010 to 50,000 won, the Defendant shall deliver the buildings listed in the separate sheet from November 16, 2014 to the completion date of delivery.
1. Facts of recognition;
A. On February 16, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease each of the buildings listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) as KRW 50,000,000, monthly rent of KRW 2,080,000 (i.e., rent of KRW 150,000, KRW 150,000, KRW 280,000, KRW 150,000, KRW 150,000, KRW 150,000, KRW 150,000, and the lease period from February 16, 2013 to February 15, 2016 (hereinafter “instant lease agreement”).
B. The Defendant paid 50,000,000 won to the Plaintiff on the day of the contract, and operated the reading room upon delivery of the said building.
C. The Defendant did not pay the monthly rent to the Plaintiff from November 16, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, the Defendant delayed the payment of rent for at least two months, and caused the cause of termination under the instant lease agreement, and on this ground, it is apparent that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement, reaches the Defendant on October 8, 2015, and thus, the instant lease agreement was lawfully terminated on October 8, 2015.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the unpaid rent and unjust enrichment equivalent to the rent by the completion date of delivery of the said building.
B. Although the Defendant alleged the ground for refusing to pay the first rent as to the Defendant’s assertion indicated that the instant building was to be used as a reading room at the time of conclusion of the instant lease agreement, noise was generated on the lower floor and the upper floor of the instant building to the extent that the reading room was difficult, and the instant building was generated by water leakage due to cracks in the wall of the instant building, etc., in line with the original purpose of lease.