건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) received a refund of KRW 29,807,00 from the Plaintiff (Counterclaim Defendant) and simultaneously entered in the separate sheet.
1. Facts of recognition;
A. On April 26, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with the Defendant, setting the deposit amount of KRW 200,000,000, monthly rent of KRW 1,850,000, and the period from June 26, 2013 to February 28, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant building”).
B. On August 8, 2014, the Plaintiff concluded a re-contract with the Defendant to increase the monthly rent to KRW 2,100,000, and to pay KRW 63,000 per month when the monthly rent is overdue for not less than three months, and a re-contract to extend the lease period by January 28, 2016.
C. From September 2014, the Defendant did not pay monthly rent and apartment management expenses. The Plaintiff returned KRW 20,000,000 out of the deposit on March 23, 2016 to the Defendant. On the 24th of the same month, the Defendant promised to pay the remainder of KRW 110,00,000 to the lessee by April 25, 2016.
On December 19, 2017, a duplicate of the complaint of this case containing an expression of intent to terminate the contract of this case was served on the Defendant on the ground that the Defendant was in arrears with two or more different occasions.
E. The Defendant, as Seoul Rehabilitation Court Decision 2017Hadan60266, 2017Ma60266, applied for bankruptcy and immunity, was declared bankrupt on July 17, 2017, and was granted immunity on March 19, 2019, and was revoked on March 13, 2019. The decision of declaration of bankruptcy was finalized on April 3, 2019, and the decision of immunity became final and conclusive on April 3, 2019. The list of creditors of the decision of immunity includes the management expenses claim of the D apartment support room and the Plaintiff’s unpaid rent claim.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Gap evidence 6, 7, Eul evidence 1, 10, 12, and the purport of the whole pleadings.
2. Determination as to the claim on the principal lawsuit
A. Determination as to the termination of a lease agreement and the claim for clarification is made.