건물명도 등
1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On June 9, 2008, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant store”) among the real estate D (hereinafter “instant building”) on the land outside Busan Northern-gu and three lots (hereinafter “instant building”) and completed the registration of ownership transfer in its name.
B. E-mail Co., Ltd., a sectional owner with the largest share of the instant building (hereinafter “Mieo”), was used as D shopping mall from April 26, 2008, but the instant building was merely used as D shopping mall, and concluded a memorandum of understanding on the lease agreement with the Defendant and the instant building on December 2, 2009, by promoting the Defendant’s E-mail sales of the instant building on its own books due to its low business size.
After that, on March 11, 2010 with the consent and delegation of the sectional owners of the instant building, the Defendant and the instant building entered into a lease agreement with the Defendant on March 11, 201 by setting the lease deposit amount of KRW 5 billion, monthly sales of rent of KRW 3.5 billion (However, at least KRW 190 million per month), and ten years with the lease term of KRW 10 million (hereinafter “instant lease agreement”).
E. According to the instant lease agreement, the Defendant commenced business of F stores from May 4, 2010 to the present day, and used the instant building.
F. Meanwhile, according to the instant lease agreement, if the Defendant’s monthly rent is in arrears for not less than two consecutive months without any justifiable reason, the sectional owners may terminate the instant lease agreement if he/she notified the Defendant to pay the monthly rent for a fixed period of not less than 14 days and fails to pay it within that period.
The Defendant did not pay the instant store from April 2012 to March 2013 as to the instant store. The Plaintiff’s payment order was issued on April 24, 2013 by filing an application with the Busan District Court No. 2013 tea7177, and accordingly, the Defendant’s deposit claim.