건물명도
1. The Defendant shall from February 12, 2015 to the completion date of delivery of the real estate listed in the separate sheet from KRW 20,000,000 to KRW 20,000.
1. Basic facts
A. On December 6, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the attached list owned by the Plaintiff (hereinafter “instant real estate”) with regard to the lease deposit amounting to KRW 20 million, monthly renting KRW 1400,000 (after December 13, 2014), and the lease term period from December 13, 2014 to December 12, 2016 (hereinafter “instant lease agreement”). The Plaintiff received from the Defendant each payment of the lease deposit amounting to KRW 20 million on the date of the contract, and KRW 18 million on December 13, 2014.
B. On December 13, 2014, the Defendant acquired the instant real estate from the Plaintiff and possessed and used the instant real estate until now.
C. From February 12, 2015, the Defendant did not pay the rent. Accordingly, on April 27, 2015, the Plaintiff sent a notice to the Defendant on the grounds that the instant lease contract is terminated on the grounds of at least three years of rent, by content-proof mail, and the said notice reaches the Defendant on May 1, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement between the Plaintiff and the Defendant is deemed to have been duly terminated and terminated on May 1, 2015, where the instant content-certified mail, including the Defendant’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent for at least three years, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
Meanwhile, as seen earlier, the Defendant did not pay monthly rent from February 12, 2015 to February 12, 2015 under the instant lease agreement. As such, the Defendant is obligated to pay the Plaintiff the rent and unjust enrichment at the rate of KRW 1,400,000 per month from February 12, 2015 to February 1, 2015, as the Plaintiff seeks.
3. Defendant’s assertion and judgment
A. Summary of the defendant's assertion