건물명도(인도)
1. The Plaintiff:
A. Defendant C delivers the real estate listed in the separate sheet, and from September 1, 2019, as well as KRW 8,100,000.
1. Facts of recognition;
A. On November 18, 2006, Defendant C leased the real estate listed in the attached list (hereinafter “instant real estate”) owned by E from November 18, 2006 by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 400,000, and the lease term of November 30, 2006 to November 30, 2008, with the intention of establishing a real estate brokerage office. The above lease term has been implicitly renewed and maintained even after the expiration of the above lease term.
B. On March 25, 2015, the Plaintiff acquired the ownership of the instant real estate from E and succeeded to the lessor status of Defendant C, and decided to change the monthly rent between Defendant C and Defendant C around January 2016.
C. Defendant C did not pay a total of KRW 8,100,000 among the rent for a period from December 2, 2015 to August 2019.
On September 17, 2019, the Plaintiff notified Defendant C that the lease contract will be terminated on the ground that the lease contract was terminated on the ground that it was in arrears with a total of at least three times of the foregoing delay.
E. As of the date of closing argument of the instant case, Defendant D operates the F Licensed Real Estate Agent Office in the instant real estate, and occupies the instant real estate.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to Article 10-8 of the Commercial Building Lease Protection Act, in a case where the overdue rent of a lessee reaches the amount of three-year rent, the lessor may terminate the contract.
However, as seen above, since Defendant C, the lessee, was in arrears for at least three times until August 2019, there was a cause for terminating the contract to the Plaintiff, the lessor, as the lessor.
In addition, on September 17, 2019, the Plaintiff issued a notice of termination to Defendant C on the ground that the contract was terminated. The lease contract between the Plaintiff and Defendant C was lawfully terminated around that time.
I would like to say.
Therefore, Defendant C must deliver the instant real estate to the Plaintiff, and pay KRW 8,100,000,000,000, which is overdue until August 2019.