건물명도(인도) 등
1. The defendant is against the plaintiffs:
(a) Category E of Attached Form 2, among the real property listed in the list of real estate in attached Form 1;
1. Disposition No. 1 of the judgment of the plaintiffs as to the cause of the claim to the defendant
The lease deposit amount of KRW 10 million, monthly rent of KRW 80,000, and monthly management fee of KRW 13,000,000. However, the Defendant asserted that the Plaintiffs of KRW 20,860,000, management fee of KRW 754,000 until August 31, 2018, and KRW 754,00,00 are overdue for the management fee of KRW 58 months. Thus, the overdue management fee of KRW 754,00, not KRW 813,00 claimed by the Plaintiff (= KRW 13,000) is the overdue management fee of KRW 58.
On the other hand, the plaintiffs' termination of the above lease contract on the grounds of the defendant's delinquency in rent does not dispute between the parties, or can be recognized by each statement of Gap 1-6 (including additional numbering).
Therefore, the defendant's order 1-A is delivered to the plaintiffs.
The obligation to pay 11,614,000 won (=20,860,000 won) remaining after deducting the Defendant’s deposit of KRW 10 million from the amount of overdue rent and management fee of KRW 21,614,00 (=20,860,000) and the amount calculated by deducting the Defendant’s deposit of KRW 10,000 from September 1, 2018 to the date the delivery of the said real estate is completed.
2. Judgment on the defendant's assertion
A. The summary of the argument has been paid KRW 10 million to the previous lessee, and pursuant to Article 10-4(1) of the Commercial Building Lease Protection Act, the plaintiffs are obliged to pay KRW 10 million to the defendant.
Therefore, the above 10 million won should be deducted from the above overdue rent.
B. Article 10-4(1)1 of the Commercial Building Lease Protection Act provides that a lessee shall not interfere with receiving premiums from a person who wishes to become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from three months before the lease term expires to the termination of the lease:
Provided, That the same shall not apply where any ground falling under any subparagraph of Article 10 (1) exists.