건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b)payment of 41,250,000 won;
(c) dated 2018.
1. Facts of recognition;
A. On November 7, 2016, the Plaintiff leased each of the buildings listed in the attached list (hereinafter “the instant cartel”) to the Defendant, with the lease deposit of KRW 40 million, KRW 2750,000 per month, and the period from November 7, 2016 to November 7, 2018, respectively.
B. The Defendant paid only the rent for two-month from November 7, 2016 to January 6, 2017 to the Plaintiff, and did not pay all the rent thereafter.
C. The Defendant continues to conduct business in the instant telecom even until the date of the closing of argument.
On March 15, 2018, in the lease of a building or any other structure under Article 640 of the Civil Act for the reason that the rent is unpaid to the defendant on March 15, 2018, the lessor may terminate the lease if the delayed rent of the lessee reaches the two-term rent.
If the lessee of Article 4 of the instant lease contract has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the said contract without delay.
Pursuant to the notification, the termination of the instant lease contract was notified to the Defendant at that time, and the notification reached the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of the determination on the claim for delivery of a building, the instant lease agreement was lawfully terminated by exercising the Plaintiff’s right to terminate the lease agreement under Article 640 of the Civil Act or Article 3 of the instant lease agreement, and thus, the Defendant, the lessee, is obligated to deliver the instant franchise to the Plaintiff by restitution following the termination of the instant lease agreement.
B. As seen earlier, the fact that the Defendant did not pay the rent after January 7, 2017, as to the determination on the claim for return of unjust enrichment equivalent to the rent or the rent. Therefore, the Defendant is the difference calculated by the ratio of KRW 2.75,00 per month from January 7, 2017 to the end of the instant lease agreement.