건물명도 등
1. Defendant B received KRW 1,602,238 from the Plaintiff, and at the same time, Defendant B paid KRW 1,602,238 to the Plaintiff.
1. Facts of recognition;
A. On October 3, 2011, the Plaintiff and the Defendants indicated on the attached Form 1, 123.1 square meters inside a ship, which successively connects each point of 1, 22, 3, 44 and 1, among real estate on the ground of 205.7 square meters in Busan-gu, Busan-gu, Busan-gu, Busan-do, as indicated on the attached Table (hereinafter “instant store”).
3 million won and monthly rent of KRW 300,000,000 are set forth in the lease agreement. The lessee prepared a lease agreement with Defendant C, and thereafter, Defendant C changed the lessee’s name to Defendant B at the request of the Defendants.
B. After the first lease agreement, Defendant B, while operating a singing practice room in the name of the instant store, agreed to be reduced by 200,000 won as a monthly rent for the period from July to November, 2012. Defendant B did not pay a two-month rent and did not pay a monthly rent thereafter.
On February 12, 2013, the Plaintiff notified the Defendants of the termination of the lease agreement.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings
2. The party’s assertion and judgment are sought from the Defendants to deliver the instant store, and the unpaid rent by the date of termination of the lease agreement, and thereafter, the Defendants’ unjust enrichment for the use of and benefit from the instant store or compensation for damages arising from illegal possession shall be sought by the delivery date of the instant store
As to this, the Defendants asserted to the effect that the Plaintiff did not perform the duty of repairing waterproof Construction, etc. of the instant store, the Defendants refused to deliver the instant store until the Plaintiff is paid KRW 6450,000,000 paid by the Defendants and KRW 3 million.
On the other hand, the lessee of the instant lease agreement is the Defendant B according to the following: (a) the developments leading up to the conclusion and alteration of the instant lease agreement, the fact that the Defendants were the mother and child-related persons, and the circumstances leading up to the use of the store.
(2) The following: