건물명도 등
1. Defendant C: (a) 351,890 won to Plaintiff A and 5% per annum from December 17, 2014 to May 3, 2016; and (b)
1. Plaintiff A’s claim against Defendant C
A. Under the facts found, each of the following facts may be acknowledged either as a dispute between the parties, or as a whole by taking account of the overall purport of the pleadings in Gap evidence 3 and Eul evidence 1.
1 Plaintiff A on October 31, 2012 and attached Form C
1. The real estate listed in paragraph (1) on the list of real estate (hereinafter “instant real estate”) entered into a lease agreement with the Defendant C as stipulated in the deposit amount of KRW 20,000,000 per month, the lease period of KRW 800,000 per month, and the lease period of KRW 10,00 per month, from November 1, 2012 to October 31, 2014 (hereinafter “instant lease agreement”). On November 1, 2012, the instant real estate first was handed over to Defendant C.
2) However, from November 2012, Defendant C did not pay the Plaintiff the rent under the instant lease contract to the Plaintiff from November 2012.3) Accordingly, the Plaintiff filed the instant lawsuit on June 9, 2014, and filed a claim for the return, etc. of the instant first real estate with the Defendant C to the effect that “the lease contract is terminated on the grounds of rent for at least two years” and at the same time, Defendant C filed a claim for return, etc. of the instant first real estate. The duplicate of the instant complaint was served to Defendant C on June 16, 2014.
4) On December 2, 2014, when the lawsuit of this case was pending, Defendant C transferred the instant real estate No. 1 to the Plaintiff on December 2, 2014 (only on the sole basis of the description of the evidence No. 1 of this case, it is insufficient to recognize the fact that Defendant C transferred the instant real estate No. 1 to the Plaintiff before December 2, 2014, to the Plaintiff.
B) The Plaintiff’s assertion: (a) the Plaintiff’s assertion: (b) the Defendant C’s delayed payment of KRW 15,200,00 for the 19-month period from November 1, 2012 to May 31, 2014 (i.e., 80,000 won x 19 months); (b) the Plaintiff’s overdue payment of KRW 4,80,000 for six months from May 31, 2014 to November 30, 2014 (i.e., 80,000 (=6 months); and (iii) the payment of KRW 15,20,000 from June 17, 2014 to the day on which the copy of the instant complaint was served; and (iv) the payment of KRW 400,000,000 from the day following the date of delivery of the instant complaint to the day of complete payment; and