건물명도
1. The part concerning the claim of money in the lawsuit of this case shall be dismissed.
2. The defendant shall state "the indication of real estate" attached to the plaintiff.
1. Facts of recognition;
A. On February 11, 2018, the Plaintiff entered into a lease agreement with the Defendant, stating that the real estate indicated in “the indication of the real estate” owned by the Plaintiff (hereinafter “instant real estate”) shall be leased to the Defendant with a deposit of KRW 25 million, monthly rent of KRW 2.2 million, monthly rent of KRW 2.2 million (Additional Tax), and a one-year lease period of KRW 1.5 million.
(hereinafter “instant lease agreement”). B.
At the time of the instant lease agreement, the original Defendant agreed that the lessor may immediately terminate the instant contract if the lessee’s delayed delay reaches the amount of two rents.
(Article 4). (c)
The Defendant unpaid monthly rent from March to April 2018, and the Plaintiff urged the payment of monthly rent on March 11, 2018 and April 11, 2018, but the Defendant did not pay the monthly rent. On May 2, 2018, the Defendant expressed to the Defendant that the instant lease contract was terminated on the ground that the instant monthly rent was unpaid by telephone.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. In a civil lawsuit, the purport of the claim in the part of the lawsuit in this case must be clearly identified so that it can be confirmed as its own, by clarifying the contents and scope of the claim. Where the purport of the claim is unspecified or unclear, the lawsuit must be dismissed as unlawful.
The plaintiff did not specify the amount of unpaid rents, management expenses, and urban gas expenses, even though he/she received recommendations for correction twice.
Therefore, the above monetary claim part among the lawsuits of this case is unlawful as it does not specify the purport of the claim.
3. Determination as to the merits (written request for extradition)
A. According to the above facts of determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of intention of termination on May 2, 2018, on the grounds of the Defendant’s second unpaid rent, and thus, the Defendant transferred the instant real estate to the Plaintiff as the restitution following the termination of the instant lease agreement.