건물명도(인도)
Defendant C: the Plaintiff:
(a) deliver the buildings listed in the separate sheet;
(b) KRW 17,700,000 and for this, August 2019.
1. Facts of recognition;
A. On July 1, 2017, the Plaintiff concluded a lease agreement with Defendant B on the following terms: (a) the lease deposit amount of KRW 20 million; (b) monthly rent of KRW 800,000 (payment on September 9, 2017); and (c) the lease term from September 9, 2017 to September 9, 2019; (d) on the instant building on July 1, 2017, the lease agreement was concluded between Defendant C and the actual lessee (hereinafter “instant lease agreement”). At the said Defendant’s request, the lease agreement was concluded again with Defendant C to lease the instant building by determining the lease agreement from July 20, 201 to July 19, 201 (hereinafter “instant lease agreement”).
B. However, even though Defendant C was delivered the instant building under the instant lease agreement, Defendant C only paid KRW 17,700,000 to the Plaintiff two times on the monthly rent, and did not pay the remainder of KRW 17,700,000 out of the total monthly rent incurred until July 19, 2019.
C. Since the conclusion of the instant lease agreement, Defendant D had resided in the instant building so far, and used the said building.
[Evidence Evidence: Evidence Nos. 1 and 2 (including paper numbers), Evidence No. 3-1, and the purport of the whole pleadings]
2. Judgment as to the main claim
A. According to the above facts, since the lease contract of this case was terminated upon the expiration of the lease term, Defendant C is obligated to deliver the building of this case to the Plaintiff as a lessee under the lease contract of this case upon performing the duty to restore to the original state. As to the overdue rent of KRW 17,700,000 and the overdue rent of KRW 17,700 until July 19, 2019, the delivery date of the copy of the complaint of this case, from August 20, 2019 to May 9, 2020, the delivery date of the copy of the complaint of this case, the five percent per annum under the Civil Act, and from the next day to the day of the complete payment, the delay damages shall be paid at the rate of 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.