건물명도(인도)
1. The defendants are jointly and severally liable to the plaintiff
A. To deliver the buildings listed in the attached list, and to the above buildings from August 12, 2019.
1. Facts of recognition;
A. On August 15, 2017, the Plaintiff: (a) partially leased deposit KRW 10,000,000; (b) monthly rent KRW 1,000,000; and (c) extended the lease term from August 15, 2017 to August 14, 2019, to the Defendants.
On January 26, 2018, the Plaintiff and the Defendants revised the above lease agreement with the content of lease deposit of KRW 20,000,000, monthly rent of KRW 2,000,000 (the 10th of each month of rent payment), and from August 11, 2017 to August 10, 2019.
B. As the Defendants did not pay the Plaintiff the rent from August 11, 2018 to August 10, 2019, the Defendants did not pay the rent to the Plaintiff (i.e., 24,000,000 won (i., 12 months from August 11, 2018 to August 10, 2019) x 2,000,000 won (i.e., 12 months from August 11, 2018 to August 10, 2019), the Plaintiff notified the termination of the said lease by serving a copy of the complaint issued on August 29, 2019.
[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. On the ground that the Plaintiff’s determination as to the cause of the claim exceeds KRW 6,00,000 for the amount of rent for three (3) periods, the said lease was lawfully terminated on September 9, 2019, which was the date of delivery of a copy of the complaint filed on August 29, 2019.
Therefore, the Defendants jointly and severally deliver the building indicated in the separate sheet to the Plaintiff, and as sought by the Plaintiff, are obligated to pay the amount of late payment KRW 24,00,000,000 as well as damages for delay after September 10, 2019, which is the day following the delivery date of a copy of the complaint as of August 29, 2019, and to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 2,00,000 per month from August 12, 2019 to the completion date of delivery of the said building.
The defendants' assertion is as shown in the annexed sheet, and it seems that they suffered damage by deceiving the plaintiff from the plaintiff in relation to the above lease agreement.
However, such assertion by the Defendants is not only vague and unclear.