건물명도(인도)
The defendant shall list the real estate in the attached list that the plaintiff seeks to deliver to the defendant.
1. On September 20, 2017, the Plaintiff entered into a lease agreement with the Defendant and the Defendant to lease the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) by setting the lease deposit amount of KRW 20 million ( KRW 10 million as of September 20, 2017; KRW 10 million as of December 20, 2017); KRW 1.5 million as of the rent; and the lease period from September 20, 2017 to September 20, 2019.
On the same day, the Plaintiff delivered the instant real estate to the Defendant, and the Defendant paid KRW 10 million to the Plaintiff on the same day.
After December 20, 2017, the Defendant failed to pay the remainder of the lease deposit to the Plaintiff by December 20, 2017, the Plaintiff and the Defendant concluded a contract to change the lease deposit amount into KRW 10 million and KRW 1600,000 per month.
(hereinafter “instant lease agreement”). The Defendant delayed to pay a total of KRW 7.6 million from November 20, 2018 to March 20, 2019, and unpaid KRW 2,566,700.
The Plaintiff terminated the lease contract with the service of the complaint of this case on the ground that the overdue rent and the electricity fee were deducted from the lease deposit under the lease contract of this case, and the overdue rent amounts to more than three years.
[Reasons for Recognition] Gap 1-4 Evidence, the purport of the whole pleadings
2. According to the above facts of recognition, since the lease contract of this case was lawfully terminated by the delivery of the complaint of this case, the defendant is obligated to deliver the real estate of this case to the plaintiff.
In addition, the rent under the instant lease agreement is KRW 1.6 million per month, and it is ratified as unjust enrichment due to the possession and use of the instant real estate.
From March 21, 2019 to the completion date of delivery of the above real estate, the Defendant is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated as KRW 1.6 million per month from March 21, 2019.
Therefore, the plaintiff's claim is legitimate.