건물명도(인도)
1. Defendant C Co., Ltd.:
A. Of the real estate listed in the attached list, the second floor is 334.22 square meters.
1. Basic facts
A. On June 9, 2016, the Plaintiff leased to Defendant C Co., Ltd. (hereinafter “Defendant C”) the second floor of 334.22 square meters (hereinafter “instant real estate”) out of the real estate indicated in the attached Table list as indicated in the attached Table by the period of June 10, 2017, with the lease deposit of KRW 20 million, monthly rent of KRW 2.5 million, monthly rent of KRW 2.5 million, monthly management fee of KRW 858,500, and the period of June 10, 2017.
(hereinafter “instant lease agreement”). B.
Defendant C paid only KRW 10 million among the above lease deposit, and did not pay rent and management fee of KRW 33,890,997 as of January 9, 2018.
C. The Plaintiff notified Defendant C of the termination of the instant lease agreement by sending a duplicate of the instant complaint.
The Defendants jointly occupy the instant real estate.
[Reasons for Recognition] Each entry of Gap evidence 1 through 7 (including each number), the purport of the whole pleadings
2. Determination:
A. (1) The instant lease contract was terminated upon the Plaintiff’s notice of termination.
As such, Defendant C is obligated to order the Plaintiff to clarify the instant real estate as a result of the termination of the contract.
(2) Defendant C did not pay KRW 10 million out of the lease deposit. It is reasonable to calculate the monthly rent for the unpaid amount as KRW 100,000. Defendant C is obligated to pay the Plaintiff the amount calculated at the rate of KRW 36,790,97 (the rent or management fee in arrears as of January 9, 2018, KRW 33,890,997, KRW 2,900,000,000,000 from February 6, 2018, which is the day following the delivery of the copy of the complaint in this case, until September 7, 2018, which is the day following the day of the delivery of the copy of the complaint in this case, and the amount calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of the full payment.
(3) From January 10, 2018 to the completion date of the surrenderation of the instant real estate from January 10, 2018, Defendant C converted the rent of KRW 858,500 to KRW 2.5 million for the management expenses of KRW 4,057,149.