건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From October 1, 2017, the amount of KRW 315,00 and KRW 315,00.
1. According to the following facts: (a) the Plaintiff entered into a lease contract with the Defendant on April 7, 2017 (hereinafter “instant building”); (b) the lease agreement between April 20, 201 and April 19, 2017 and April 7, 2017 (hereinafter “lease”); (c) the Plaintiff’s delivery of the instant building to the Defendant under the instant lease agreement; (d) the Plaintiff’s delivery of the instant building to the Defendant on March 17, 2018, on the ground that the Plaintiff’s total value-added tax on rent for three months from July 7, 2017 to September 3, 2017, KRW 31,000 (value-added tax separate); and (e) the Plaintiff’s delivery of the instant building to the Defendant on April 20 to April 19, 2019; and (e) the Plaintiff’s delivery of proof of the details of the lease agreement from March 17, 2017 to September 17.
2. Determination:
A. According to the above facts, since the lease of this case was terminated by the Plaintiff’s declaration of termination on the ground of delinquency in rent, the Defendant is obligated to deliver the building of this case to the Plaintiff, and pay rent, etc. calculated by the rate of KRW 1,15,000, the value-added tax unpaid from July 2017 to September 2017, and KRW 1,155,000 from October 1, 2017 to the completion date of delivery of the building of this case (=1,050,000 x 110%).
B. Even if the Defendant’s assertion of KRW 15,00,000 on the instant building as the defense of the right to claim reimbursement of expenses, according to the evidence No. 1, the Defendant’s prior agreement to waive the right to claim reimbursement of expenses at the time of the instant lease agreement (Article 5) is recognized. Therefore, the Defendant’s aforementioned defense is without merit.
3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.