건물명도등
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b)payment of KRW 2,940,967;
C. Doese 2016
On March 9, 2012, the Plaintiff entered into a lease contract with the Defendant and the Plaintiff for the lease deposit amounting to KRW 4 million, KRW 500,000 per month, and KRW 500,000 from April 2, 2012 to April 2, 2014 (hereinafter “instant lease contract”). From that time, the Defendant occupies and uses the instant real estate.
After the expiration of the lease term, the instant lease contract was implicitly renewed, and the Defendant paid the Plaintiff the sum of KRW 19,886,040 as indicated in the attached Form of Payment during the lease term as the lease deposit or the rent.
In the instant complaint, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the delinquency in paying two or more rents, and the duplicate of the complaint was served on the Defendant on May 16, 2016.
[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1, 3 through 7, Gap evidence Nos. 2-1, and 2-2, and the allegations of the purport of the entire pleadings and the grounds for claim for judgment, the defendant did not fully pay the rent from January 2016. Thus, the lease contract of this case was lawfully terminated upon delivery to the defendant of a copy of the complaint of this case containing the declaration of termination on the grounds of delinquency in payment for more than two years.
The Plaintiff sought payment of KRW 3,690,000 as the overdue rent that occurred until December 31, 2015. As such, 15,930,000 is the money that the Defendant paid, excluding KRW 4 million as the lease deposit of KRW 19,886,040,000, which was paid by the Defendant, and the amount that was paid KRW 15,930,00,00, which was deducted from the rent of KRW 43,960,00, which was deducted from the rent of KRW 143,960,00, which was paid by the Defendant on behalf of the Defendant.
Moreover, from March 9, 2012 to December 8, 2015, the rent of KRW 22,50,000 (=50,000 x 45 months) from March 9, 2012 to December 8, 2015, and the rent of KRW 370,967 from December 9, 2015 to December 31, 2015 = 50,967 x KRW 500,000 x KRW 23/31, and less than KRW.