건물인도
1. From July 15, 2014 to KRW 100 million, Defendant A’s underground floor of a building indicated in the attached Table from July 15, 2014 is between KRW 1,04.710 square meters.
1. Recognizing the fact-finding lease deposit: 295 million won: Payment at the time of a contract - Payment of the intermediate payment of KRW 150 million: Payment on July 10, 2014 - The remainder of KRW 1150 million: the rent paid on July 15, 2014: The lease term of KRW 7 million per month (excluding value-added tax): the lessor shall deliver the object by July 15, 2014, and the lease term shall be from the delivery date until July 15, 2019;
A. From October 1993, the Plaintiff operated Smarkets at the instant store. On July 2, 2014, the Plaintiff concluded the instant lease agreement with Defendant A with respect to the instant store and received KRW 30 million down payment from Defendant A.
B. Defendant A received the delivery of the instant store on July 4, 2014 and performed the inside repair, and completed business registration on July 21, 2014, and operates Smarkets in the instant store with Defendant B from August 18, 2014.
Since then, the business registration regarding the store of this case was changed under the joint name of the defendants.
C. Defendant A did not pay the intermediate payment and the remainder of the lease deposit under the above lease agreement within the due date.
On July 31, 2014, the Plaintiff notified Defendant A of the rescission of the instant lease agreement on the grounds that the intermediate payment and the remainder payment were not paid. D.
On July 31, 2014, Defendant A remitted part of the lease deposit to the Plaintiff KRW 70 million.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 5 to 10, the purport of the whole pleadings
2. Determination
A. The instant lease agreement, following the rescission of the contract, was legally rescinded upon the Plaintiff’s declaration of intent to cancel the contract on the grounds that the Defendant’s intermediate payment and the remainder are unpaid.
Therefore, the Defendants are obligated to deliver the instant store to the Plaintiff.
At present, the instant store is registered under the joint name of the Defendants, and Defendant B operates Smarket in the instant store with Defendant A, and the Plaintiff.