건물명도(인도)
1. The defendant shall attach the attached Form 1 to the plaintiff among the real estate listed in the attached list 1 to 5 and the real estate listed in the same list 6.
1. Facts of recognition;
A. On March 29, 2014, the Plaintiff was the owner of the real estate indicated in the Disposition 1. (hereinafter “instant real estate”), and leased deposit of KRW 300,000,000 for the Defendant on March 29, 2014, KRW 27,000 for the tea month (excluding value-added tax, KRW 5,000 for each month), annual overdue interest rate of KRW 20 per annum (from the date payment is delayed until the payment date), and the period from March 29, 2014 to March 31, 2019.
B. From November 5, 2016, the Defendant delayed the payment of rent to August 2018, and delayed the payment of rent of KRW 270,100,00 in total. On August 14, 2018, the Plaintiff sent to the Defendant a certificate to the effect that “the said lease contract is terminated on the ground that the Defendant did not pay a rent for a period of more than 2 years,” and that “the said lease is terminated” reached the Defendant around that time.
C. The Defendant occupies the instant real estate up to now, and operates the mountain father and hospital.
The rent accrued during the period from November 5, 2016 to December 5, 2018 is KRW 772,200,000 in total (i.e. 29,700,000 x 26 months). The Defendant paid KRW 397,80,000 in total to the Plaintiff from December 21, 2016 to December 6, 2018 as the rent, and the delay damages incurred for delay from November 5, 2016 to December 5, 2018 are the total damages for delay.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence No. 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of recognition of the above request for extradition, the Defendant did not pay more than three times of rent until August 2018, thereby causing the Plaintiff to have the right to terminate the instant lease agreement under Article 10-8 of the Commercial Building Lease Protection Act, and the Plaintiff’s expression of intent to terminate the instant lease agreement on the grounds of the foregoing delay was delivered to the Defendant on August 14, 2018, and the instant lease agreement was lawfully terminated.
Therefore, the defendant is restored to its original state.