건물명도(인도)
1. The defendant shall be the plaintiff (appointed party) and the appointed party.
A. The current status of buildings attached to the CJ 1179 square meters on land at the time of Jinjin-si.
1. The following facts may be acknowledged in light of the overall purport of the pleadings in each of the evidence No. 1 to No. 4 and No. 1 to No. 1.
원고(선정당사자)와 선정자는 2017. 1. 17. 피고에게 당진시 C 대 1179㎡ 지상 별지 건축물현황도 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례로 연결한 선내 (가)부분 제1종 근린생활시설 466.98㎡를 임대차보증금 4,000만 원, 월 차임 583만 원(부가가치세 포함), 임대차기간 2017. 3. 1.부터 2019. 2. 28.까지로 정하여 임대하는 계약을 체결하였다.
B. However, on July 12, 2019, the Plaintiff (Appointeds) and the Appointor sent to the Defendant a certificate of content that the said lease was terminated on the grounds of the rent delay, as the Plaintiff did not receive a rent from the Defendant from November 2018, and thereafter, the said certificate was served on the Defendant.
C. The sum of rents that the Plaintiff (Appointeds) and the Appointeds did not receive until August 1, 2019 is KRW 5,218,00.
2. Determination
A. According to the above facts finding as to the cause of the claim, since the above lease contract was lawfully terminated on July 12, 2019 by serving the Plaintiff (Appointed Party) and the Appointed’s declaration of intent to cancel the contract, the Defendant is obligated to pay damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 24, 2019 to the day of full payment, and the amount equivalent to 5,2180,000 won per annum from July 24, 2019 to the day of delivery of the pertinent building, from August 2, 2019 to the day of delivery of the said building.
B. The defendant's assertion is that since the construction cost of KRW 33,225,60 is paid and the building is extended, the defendant's claim for the purchase of the extended part is made.
However, the lease contract is terminated due to the lessee's default.