건물인도 등
The following shall be paid in the judgment of the court of first instance with respect to the claim for payment of the principal claim (the main claim).
1. Facts of recognition;
A. On May 10, 2017, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff with respect to KRW 10,000,000,000 for lease deposit, KRW 1790,000 for rent monthly (in advance, on November 10, 2017, KRW 500,000 for rent, KRW 1410,00 for management expenses (excluding surtax), monthly rent of KRW 120,00 for rent for parking lot, and from May 10, 2017 to May 9, 2019, with respect to the real estate listed in the attached list (hereinafter “instant commercial building”).
(hereinafter “instant lease agreement”). B.
The Defendant paid KRW 2 million to the Plaintiff on April 13, 2018, and did not pay rent under the instant lease agreement, management fee, and parking lot usage fee separate from the management fee.
C. As of July 9, 2018, rent, management fee, separate parking lot usage fee, and surcharge imposed by the Defendant as of July 9, 2018 are KRW 10,578,00 in total as follows, and public charges, such as electricity and water rates paid by the Plaintiff on behalf of the Defendant as of October 12, 2018, are KRW 5,624,810 in total.
Rent 290,000 unpaid rent for April 10, 2018 and unpaid rent 2,290,000 for June 2, 2018, 2000 unpaid rent for 2,290,000 management fee for 2,290,000 until June 2018, 3 months from April 10, 2018 to June 3, 2018, 4,230,000 parking fee for 4,230,000 unpaid usage fee for 80,000,000 additional rent for 2,000 or more for 678,000,000 aggregate for rent from April 10, 208 to June 30, 2018.
D. On May 21, 2019, the Defendant expelled from the instant commercial building.
[Ground of recognition] Facts without dispute, Gap 1-6, 12-15, 17-20 (including provisional numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant’s total amount of KRW 16,202,810, including the unpaid rent, etc. (i.e., KRW 10,578,624,810) and KRW 3,70,00,00 per month from July 10, 2018 to May 21, 2019, which is the delivery date of the shopping district of this case (i.e., KRW 1.4,432,258 [= KRW 3.7 million] calculated by the ratio of KRW 38,432,258, which is the delivery date of the shopping district of this case (i.e., monthly rent of KRW 2290,00), 54,635,068, supra, 16,202]