건물인도
1. The defendant shall be the plaintiff.
A. At the time of racing, it is of the 470.25 square meters of neighborhood living facilities with the roof of the light-weight C, iron-frame, knife knife.
1. Facts of recognition;
가. 원고는 2015. 8. 18. 피고와 사이에 경주시 C 경량철골조 칼라쉬트 지붕 단층 근린생활시설 470.25㎡ 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 (가) 부분 99㎡(이하 ‘이 사건 점포’라고 한다)에 관하여 임대차보증금 500만 원, 월차임 55만원(매월 14일 지급), 임대기간 2015. 8. 18.부터 2017. 7. 17.까지로 정하여 임대차계약을 체결하고(이하 ‘이 사건 임대차계약’이라고 한다), 피고에게 이 사건 점포를 인도하였다.
B. At the time of the conclusion of the instant lease agreement, the lessee agreed to the effect that “if the lessee delays to pay the rent for a period of three years, the contract may be terminated.”
C. The Defendant paid only the rent of KRW 2,436,00 in total from September 21, 2015 to October 10, 2019, and did not pay the remainder.
On February 25, 2020, a copy of the complaint of this case, indicating the Plaintiff’s intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, reaches the Defendant.
[Grounds for recognition] The written evidence Nos. 1, 3, and 4 and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion did not pay the rent from July 28, 2018, and the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delinquency in rent. As such, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the rent equivalent to KRW 50,000 per month from July 28, 2018 to the completion date of delivery of the instant store.
B. As of October 10, 2019, the Plaintiff’s total rent of KRW 24,365,00 (i.e., KRW 550,00 KRW 550,00 from August 18, 2015 to April 26, 2019) based on the instant lease agreement: (ii) KRW 44,365,00 (i.e., KRW 5550,00 to KRW 5550,00 from August 18, 2015 to April 17, 2019; and (iii) the said temporary rent was paid from April 18, 2019 to April 26, 2019.