건물명도
1. Of the judgment of the court of first instance, those parts ordering payment in excess of the following parts:
1. Basic facts
A. On January 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the attached list of real estate owned by the Plaintiff as follows with regard to the indication of drawings (A) and (b) (hereinafter “instant building”).
1) A lease object: A lease deposit from January 1, 2013 to December 31, 2014: 5,000,000 won in monthly rent of KRW 480,00,000, value-added tax of KRW 73,000: A lease deposit from January 1, 2013 to December 31, 2014: A lease deposit from January 1, 2013 to December 31, 2014 to KRW 250,00 in annual rent of KRW 73,00 in value-added tax: A lease deposit from January 1, 203 to December 31, 2014: A lease deposit from KRW 522,720,00 in monthly rent of KRW 522,720,00 in management and maintenance expenses, etc. of value-added tax of KRW 77,780 in value-added tax of KRW 280.
B. After entering into the instant lease agreement, Defendant B operated an education center for a memorial hall in the part on the indication of the attached drawing(a) of the instant case, and the indication of the attached drawing(b) was used as an instruction room of the Defendant C Cooperatives (hereinafter “Defendant Cooperatives”) conducting funeral business.
C. Defendant B paid the Plaintiff KRW 11,00,000 on January 21, 2013 with the lease deposit and the advance payment fee, and KRW 14,30,000 on May 6, 2013, respectively, in total, KRW 14,30,000.
On March 1, 2014, Defendant B entered into a sales contract with Codefendant D of the first instance trial on the right to operate a fieldrrrrrral education center with the content that D will operate a fieldral education center, and D operated a fieldral training center in the part of the attached Form No. 1(a).
E. Meanwhile, Defendant B did not pay to the Plaintiff the rent for the part on the indication of the attached drawing(a) from October 2013, and the rent for the part on the attached drawing(b) was not paid from September 2013.
F. Accordingly, on September 12, 2014, the Plaintiff sought the payment of unpaid rent on the ground that the payment of rent was delayed by content-certified mail to Defendant B.