건물인도
1. The Defendant shall deliver to the Plaintiffs each of the 168.51 square meters and 168.18 square meters among the buildings listed in the separate sheet.
2...
1. Facts of recognition;
A. The Plaintiff and the Defendant entered into a lease agreement with regard to the lease deposit of KRW 300 million, monthly rent of KRW 29 million, and the lease term from September 29, 2016 to September 28, 2018, with respect to the 168.51 square meters and 168.18 square meters of the 1st floor among the buildings listed in the attached Table (hereinafter “instant building”).
(hereinafter “instant contract”). (b)
On July 16, 2019, the defendant confirmed that the rent and management fee in arrears are KRW 249,164,200, and promised to pay it until October 16, 2019, and to pay KRW 96,360,000 that occurs from July 16, 2019 to October 16, 2019, and made and issued a written statement of payment of rent and management fee to the effect that no objection is raised even if it fails to comply with the rental deposit.
C. On February 27, 2020, Plaintiff A notified the Defendant of the termination of the instant contract on the grounds of the overdue charge of rent and management fee of KRW 345,524,200, and reached the Defendant around that time.
The Plaintiffs share the instant building in 1/2 shares.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the contract of this case between the plaintiff A and the defendant was lawfully terminated on February 27, 2020.
Therefore, according to the claim for the return of the leased object following the termination of the instant contract against the Plaintiff, a lessor, the Defendant is obligated to deliver the instant building to the Plaintiffs upon the claim for the exclusion of disturbance based on ownership against the Plaintiff, a 1/2 share owner of the instant building.
In addition, following the termination of the instant contract, the Defendant: (a) from October 17, 2019 to April 17, 2020, the Defendant applied for the change of the purport of the claim and the cause of the claim to the Plaintiff from KRW 345,524,200, deducting KRW 300 million from the lease deposit from KRW 345,524,200; and (b) the Defendant applied for the change of the purpose of the claim and the cause of the claim to the Plaintiff from the lease payment date.