건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver a building indicating the attached real estate;
B. 6,300,000 won and December 21, 2015
1. The facts subsequent to the facts of recognition may be acknowledged by taking into account the overall purport of the pleadings as a whole in the statements Nos. 1, 2, and 3-1, and 2.
On June 11, 2007, the Plaintiff completed the registration of ownership preservation on the building indicated in the attached property indication (hereinafter “instant building”).
B. On November 2010, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 5,00,000, monthly rent of KRW 900,000, and the lease term from November 20, 2010 to November 20, 2014. The Defendant operated a restaurant business upon delivery of the instant building.
C. On November 2014, the Plaintiff and the Defendant extended the lease term of the said lease from November 21, 2014 to November 21, 2015.
The defendant did not pay a monthly rent by September 20, 2015, and the plaintiff notified the defendant of his/her intention to terminate the above lease contract on the grounds of the delinquency in monthly rent around November 17, 2015.
The defendant did not pay monthly rent even thereafter.
2. Determination
A. According to the above facts, the above lease contract between the Plaintiff and the Defendant was terminated by the Plaintiff’s lawful termination, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the amount calculated by the ratio of KRW 6,300,000 per month, which is the monthly rent from December 21, 2015 to December 20, 2015, which is the amount equivalent to the monthly rent, from December 21, 2015 to the completion date of delivery of the instant building.
B. As to this, the Defendant asserted to the effect that the Plaintiff could not comply with the Plaintiff’s claim of this case until the Defendant received KRW 27,000,000 for the premium paid from the Plaintiff to the former lessee, but the Plaintiff agreed to pay KRW 27,00,000 for the said premium to the Defendant.
Since there is no evidence to acknowledge the circumstance that the defendant is obligated to pay or pay it, the above argument by the defendant cannot be accepted.
3. Conclusion, the plaintiff's objection.