건물인도
1. Defendant (Counterclaim Plaintiff) C is written in the separate sheet from August 7, 2015, from the Plaintiff (Counterclaim Defendant) to August 7, 2015.
1. Basic facts
A. On October 9, 2014, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 2750,000 (payment after July 7), and from November 7, 2014 to November 6, 2016, to lease the buildings listed in the attached list (hereinafter “instant building”) owned by the Plaintiffs.
B. Defendant C is living together with his family, including Defendant D, who is his father, around November 7, 2014.
C. From December 6, 2014 to June 7, 2016, Defendant C paid the Plaintiffs KRW 2.75 million monthly rent to the Plaintiffs nine times.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Eul evidence 8, Eul evidence 9
2. Determination on the main claim
A. (1) The Plaintiffs’ assertion (1) Defendant C did not pay the monthly rent from August 7, 2015.
Therefore, Defendant C is obligated to deliver the instant building to the Plaintiffs and pay KRW 2.75 million per month from August 7, 2015 to the completion date of delivery of the instant building.
Since Defendant D illegally occupies the instant building, it is obligated to deliver the instant building to the Plaintiffs.
(2) Around May 2015, Defendant C had several problems in the instant building, and the lease contract was terminated on the following grounds: (a) around May 2015, the Plaintiffs were to move to the instant building; and (b) later, the lease contract was terminated.
However, since Defendant C was unable to return the deposit from the Plaintiffs and it was inevitable to reside in the building of this case, Defendant C has no obligation to pay the deposit in addition to the rent in arrears twice.
However, around April 2016, it is difficult for the Plaintiffs to pay interest on loans they received as security to the instant building, requesting the payment of rent, and paying the rent three times after April 7, 2016 under the condition that the Defendants reside by the expiration date of the lease term, and the Plaintiffs failed to comply with the said agreement.