건물인도
1. The defendant shall pay 400,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3. Paragraph 1 shall be provisionally executed.
1. Facts of recognition;
A. On February 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 5 million, monthly rent of KRW 600,000,000,000 from March 17, 2015 to March 17, 2017 for the first floor (hereinafter “instant building”) of Gangseo-gu Seoul Metropolitan Government Da Apartment-dong 106, the first floor (hereinafter “instant building”) of Gangseo-gu, Seoul, and decided to increase the deposit in KRW 5 million after one year.
B. Around March 17, 2015, the Defendant received and used the instant building, and did not pay the monthly rent from January 18, 2016.
C. On June 21, 2016, the Plaintiff notified the Defendant that the lease contract will be terminated without a separate notice if the rent for five years in arrears and the increase in deposit are not paid in full within one week.
On June 28, 2016, the Plaintiff notified the Defendant on June 28, 2016 that the rent for five years and the increase of deposit should not be disadvantageous to the termination of the contract, etc.
Around October 21, 2016, the Defendant was a director of the instant building. On October 27, 2016, the Defendant completed the restoration work to its original state and delivered the instant building to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, whole purport of pleading
2. According to the fact of the above recognition, the instant lease was terminated on or around June 30, 2016.
Since the Defendant delivered the instant building to the Plaintiff around October 27, 2016, the Defendant is obliged to pay only the unpaid rent to the Plaintiff.
From January 18, 2016, the Defendant delayed the payment of rent, and the Plaintiff only sought the payment of KRW 5.4 million from the rent to October 27, 2016, which was delivered to the building, but also claimed KRW 400,000 after deducting the deposit for lease from the above amount. As such, the Defendant is liable to pay KRW 400,000 to the Plaintiff.
3. The plaintiff's claim is justified.