건물명도등
1. The defendant is against the plaintiffs:
(a) Of the first floor of the real estate indicated in the annex, each point is indicated in the annex drawings, 8, 9, and 9.
1. Facts of recognition;
A. On March 4, 2010, the Defendant: (a) determined the lease period of KRW 103 and KRW 45.9 square meters on the part (Ga) connected to each of the items in order to be indicated in the separate sheet among the first floor of the real estate indicated in the separate sheet from the Plaintiffs; (b) determined the lease period of KRW 103 and KRW 45.9 square meters from March 4, 201 to March 4, 201; (c) determined the lease deposit as “one million won”; and (d) occupied and used the rent as “one million won per month.”
B. After that, the above lease agreement has been renewed several times, and the monthly rent is KRW 2.31 million, and the management fee is KRW 90,000,000,000,000 if the value-added tax is added.
C. However, as the Defendant delayed the obligation to pay rent, etc. by September 18, 2015, the overdue rent and management fee, including value added tax, have been KRW 48,926,00,00, and did not pay KRW 2,768,990, such as electricity charges.
On February 16, 2015, a duplicate of the instant complaint stating that the instant lease contract will be terminated was served on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, and 2-1, 2-3-1, 2-2, and records, the purport of the whole pleadings
2. According to the facts of the judgment on the grounds of the claim, the instant lease agreement was lawfully terminated by the plaintiffs' declaration of termination on the grounds of delinquency, such as the Defendant's rent, etc.
Therefore, the Defendant is obligated to deliver the part of the building that is the object of the instant lease agreement to the Plaintiffs, and the sum of KRW 51,694,990 (i.e., KRW 48,926,00) plus KRW 2,768,90 less KRW 10,000 from the rent in arrears, etc. (i.e., KRW 41,694,990 plus delay damages calculated at the rate of KRW 20% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 19, 2015 to the date of complete payment, and unjust enrichment calculated at the rate of KRW 2,640,00 from September 19, 2015 to the date of complete delivery of the said part of the building.
3. Therefore, the plaintiffs' claims are accepted on the grounds of the reasons.