건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) from March 1, 2020 to the annexed list.
1. Facts of recognition;
A. On November 9, 2016, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on January 18, 2017, and leased the instant real estate to the Defendant.
B. On January 29, 2019, the Plaintiff entered into a lease agreement with the Defendant with the terms and conditions of the instant real estate lease amounting to KRW 40,00,000, KRW 3,600,000 per month of rent (in addition to value-added tax, prepaid payment on the first day of each month), and the term of lease from February 1, 2019 to February 1, 2021 (Provided, That the foregoing changed rent is applied from May 1, 2019).
(hereinafter “instant lease agreement”). C.
The Defendant did not pay the rent from July 1, 2019 to September 1, 2019. On September 2, 2019, the Plaintiff sent to the Defendant a notice of the termination of the instant lease agreement by content-certified mail on the grounds of the Defendant’s delinquency of rent for at least three (3) years from September 2, 2019, and the said mail reached the Defendant on September 3, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated by the plaintiff's notice of termination on the ground of the defendant's delinquency in rent, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the amount of unjust enrichment calculated by the ratio of the 3,960,000 won per month from March 1, 2020 to the completion date of delivery of the real estate of this case (=3,60,000 won value-added tax amount of KRW 360,000), as claimed by the plaintiff.
3. Conclusion, the plaintiff's claim of this case is justified.