건물명도(인도)
1. The defendant
(a) deliver 130.2 square meters of three floors among the real estate listed in the attached list;
B. From September 10, 2018, the same shall apply.
1. The Plaintiff entered into a lease agreement with the Defendant on June 19, 2017, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 370,00,00, monthly management fee of KRW 150,000, monthly management fee of KRW 150,000 from August 10, 2017 to August 9, 2020 (hereinafter “instant lease agreement”). However, the Plaintiff, even after September 10, 2018, notified the Defendant that the instant lease agreement was terminated on five or more occasions after the date of termination of the lease agreement, may recognize the fact that the Plaintiff was operating a singing practice room.
Since the instant lease contract was terminated by the Plaintiff’s notice of termination, the Defendant is obligated to deliver the instant leased building to the Plaintiff, and pay the monthly rent and management expenses incurred from September 10, 2018 to the date of completion of delivery of the instant leased building, and to pay the amount at the rate of KRW 3.85 million per month (1.5 million per month rent for KRW 3.7 million) with unjust enrichment equivalent to the same amount.
2. The defendant's assertion and judgment that the defendant calculated the rent excessively by the plaintiff, and concluded the lease contract in this case as it belongs to the second floor lessee of the building indicated in the attached Table as the plaintiff's private house, and the plaintiff bears the construction cost for the test of the public corridor to be borne by the defendant, so the plaintiff's claim cannot be complied with.
However, the defendant's above assertion is without any evidence to prove the facts, or it does not constitute a justifiable ground to dismiss the plaintiff's assertion.
3. The plaintiff's claim for the conclusion is justified and acceptable.