건물명도(인도)
1. The defendant received KRW 25,539,984 from the plaintiff, and at the same time, the first floor of the building indicated in the attached Table to the plaintiff.
1. On May 18, 2016, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with C, setting the lease term of KRW 215.25 square meters on the first floor among the buildings listed in the attached Table owned by the Plaintiff as KRW 60 million, monthly rent of KRW 4,180,000 (including value-added tax, monthly payment of KRW 18,00) and the lease term from May 18, 2016 to May 18, 2018.
C, along with the Defendant, who is the husband, divided the leased object into 2, 3, 4, 5, 5, 6, and 1 items in the attached Form No. 1, 2, 5, 6, and 1, and divided it into (B), 72.36 square meters in part of the restaurant (hereinafter referred to as “cafeteria part”) and the convenience store No. 66.42 square meters in sequence, such as the drawings No. 2, 3, 4, 5, 2, and each point, which are connected in sequence with the Defendant who is the husband. -
On the other hand, on January 23, 2017, the Plaintiff and C reached a settlement prior to the filing of a lawsuit with this Court No. 2016,1024, and the provisions of the settlement clause concerning C’s transfer of the right to lease of this case are as follows.
C When transferring the right of lease, the lease deposit and monthly rent that the Plaintiff is entitled to receive from the transferee of the right of lease are KRW 40 million, monthly rent of KRW 2.3 million, monthly rent of KRW 35 million, and the restaurant is KRW 35 million, monthly rent of KRW 2 million, monthly rent of KRW 2 million.
(The monthly rent includes management expenses and additional tax). If C transfers the right of lease, the term of lease of the right of lease assignee shall be five years from the date of the lease contract concluded between the Plaintiff and C, and C shall not directly participate in the premium received by C from the new right of lease assignee. -
However, as C did not pay a rent of KRW 20 million, C entered into a contract between the Plaintiff and the Defendant on December 22, 2017 with the Defendant, who is the husband of C, to change the lessee’s name under the instant lease agreement to the Defendant on December 22, 2017, and if it was fully paid within six months, C shall be subject to compulsory execution.
However, the defendant is a rent based on the lease contract of this case.