건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the fourth floor of 268.06 square meters among the buildings listed in the attached list;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 30, 2017, the Plaintiff leased the instant building of 268.06 square meters on the fourth floor among the buildings listed in the attached Table list (hereinafter “instant building”) to the Defendant by setting the lease deposit of 1,8.5 million won, monthly rent of 2,447,50 won (in the event of default in rent, additional dues of 5% shall be applied, separate imposition of value-added tax), 10% of the monthly rent for management expenses, 10% of the monthly rent for management expenses, and period from April 30, 2017 to April 30, 2018.
(hereinafter “instant lease agreement”). B.
The Defendant received the instant building from the Plaintiff and used it as a clothing plant.
C. The Defendant has failed to pay the Plaintiff rent and management expenses, etc. on several occasions. By August 25, 2018, the Defendant’s overdue rent, etc. is a total of KRW 19,686,07,07, as stated in the attached Table of Default.
The plaintiff is seeking a difference by adding overdue interest to overdue rent from May 2018 through the application for the amendment of the purport of the claim and the cause of the claim.
On June 22, 2018, the Plaintiff terminated the instant lease agreement on the grounds of delinquency in rent and management expenses, etc. for about five months, and sent a content-certified mail stating the delivery of the instant building to the Defendant by June 30, 2018. On August 8, 2018, the Plaintiff sent to the Defendant a content-certified mail to deliver the instant building by August 10, 2018.
E. Around November 10, 2018, the Defendant had to move part of the goods remaining in the instant building to another place by using the vehicle, and it seems that it had already been relocated to another place.
The plaintiff could not be a director without paying the overdue car, and the building door was temporarily set off.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3 evidence, Eul evidence 6 to 12, the purport of the whole pleadings and arguments
2. Determination as to the cause of the principal claim
A. According to the above facts, the instant lease agreement is concluded by the Plaintiff’s declaration of termination due to the Defendant’s nonperformance of obligation.