건물명도 등
1. The defendant is against the plaintiffs:
(a) Attached Form 2 neighborhood living facilities (office) with the six-story real estate listed in attached Table 1, among the area of 214.89 square meters.
1. Facts of recognition;
A. On December 10, 2012, the Plaintiffs, as the owner of the instant office, concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the following terms and conditions (hereinafter “instant lease agreement”).
Deposit: 10,000,000 won (a contract deposit of KRW 1,00,000 shall be paid on the date of conclusion of a contract, and any balance of KRW 9,000,000 shall be paid on December 22, 2012): The term of lease of KRW 500,000 (excluding value-added tax, separate monthly 22 days per month): Article 6(2) from December 22, 2012 to December 21, 2014: If a lessee fails to pay by the deadline for payment, he/she shall pay penalty for delay calculated by adding the rate of 12% per annum to the lessor, which shall be applied to the amount in arrears.
Article 7:The lessee shall pay 160,000 won (excluding value-added tax) for management expenses to the lessor by the 22th day of each month.
A lessor shall claim monthly electricity charges to the lessee for the settlement of actual expenses, and the lessee shall pay them together with management expenses.
B. On the date of concluding the instant lease agreement, the Defendant paid the Plaintiffs KRW 1,00,000 of the deposit, and without paying the remaining deposit of KRW 9,00,000,000, the Defendant received and used the instant office on December 22, 2012 until now.
C. On June 16, 2016, the Plaintiffs notified the Defendant of the termination of the instant lease agreement on the grounds that the Plaintiff did not pay KRW 3,443,800,000, in total, as of June 10, 2016.
Of rent, management fee, electricity fee, late payment charge until August 18, 2016, the amount that the defendant did not pay is KRW 5,270,200.
E. The Defendant paid the Plaintiffs KRW 1,100,000 on August 24, 2016, and KRW 1,100,000 on September 20, 2016, and KRW 746,00 on October 6, 2016.
[Reasons for Recognition] Evidence A1 to 5, Evidence A7, Evidence A10, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement was terminated by the notice of termination issued by the Plaintiffs on the grounds of the Defendant’s unpaid deposit and unpaid rent payment on June 16, 2016.