건물명도(인도)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Basic facts
A. On March 20, 2017, the Plaintiff entered into a contract with the Defendant under which the Plaintiff would lease each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant from March 31, 2017 to March 30, 2019 (hereinafter “instant lease contract”). Between the parties at the time, each of the instant lease contract was entered into with the terms “30,000,000,000, monthly rent of KRW 10,000 (in advance, value-added tax is separate, and 30,000,000,000, monthly rent of KRW 300,00,000, monthly rent of KRW 16,000, monthly rent of KRW 300,000 ( separate, value-added tax payment of KRW 30,00)” (hereinafter “instant contract”).
B. In March 2017, the Plaintiff issued a tax invoice with respect to the monthly rent of KRW 10,00,000 to the Defendant as stipulated in the instant contract No. 1; the Plaintiff reported the monthly rent of KRW 16,000 to the competent tax office according to the said amount; on July 2017, the Plaintiff filed a revised return of the monthly rent of KRW 16,00,000 as stated in the instant contract No. 2; and thereafter, the monthly rent of KRW 16,00,000 was all reported.
The Defendant also reported the rent of KRW 10,000,000 at the competent tax office, but after July 2017, the Defendant reported the correction of the monthly rent of KRW 16,000 retroactively to KRW 16,00,000 in accordance with the Plaintiff’s report of correction after July 2017. The Defendant reported the monthly rent of KRW 16,00,000.
C. On March 20, 2020, the Defendant delivered each of the instant real estate to the Plaintiff.
The Plaintiff denied the delivery of each of the instant real property on the ground that the Defendant did not succeed to the business license and restore the original state. However, as long as the Defendant transferred de facto control over each of the instant real property by notifying the Plaintiff of the entrance password of the instant building, it can be recognized that the delivery was made.