건물명도
1. The Plaintiff:
(a) Defendant B shall bear the indication of the annexed drawings (a), (b), (c), (d) and (a) of the buildings listed in the annexed list.
1. Basic facts
A. On August 31, 2007, the Plaintiff entered into a lease agreement with Defendant B on the part (b) of 264.4 square meters inboard (hereinafter “instant real estate”) connected each point of (a), (b), (c), (d), (i) and (i) of the attached drawings among the buildings listed in the attached list owned by it, with regard to the lease deposit amount of 20 million won, monthly rent of KRW 2,000,000 (excluding value-added tax), and the lease term of 24 months with respect to the buildings listed in the attached list owned by it.
(hereinafter “instant lease agreement”). B.
At the time of the instant lease agreement, Defendant B agreed to operate food service business in the instant real estate, and the lessee agreed to bear all kinds of usage, including the property and aggregate land taxes, and various public charges, on the land and buildings imposed thereby.
C. Defendant B received the instant real estate from the Plaintiff with only KRW 15,000,000,000, out of the lease deposit amount of KRW 20,000, and had Defendant C operate the store with the trade name “Dnoman shop” in the said real estate (hereinafter “instant store”).
The instant lease contract has been renewed later, and Defendant B has been in arrears with the payment of rent, public charges, and heavy taxation under the said contract.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 6-1, 2, Gap evidence 7-1 through 3, Gap evidence 9-2, and the purport of the whole pleadings
2. Determination
A. We examine the termination of the instant lease agreement, and the fact that Defendant B did not pay money for more than two rents, public charges, and amount equivalent to heavy taxation under the instant lease agreement as seen earlier. As such, it is apparent in the record that the duplicate of the complaint of this case containing the Plaintiff’s declaration of termination of the instant lease agreement on the ground of the delinquency in rent by Defendant B reached Defendant B on September 28, 2016, and thus, the said lease agreement was terminated on September 28, 2016.
(b)delivery of buildings;