건물명도
1. The defendant
(a) deliver the buildings listed in the separate sheet;
(b) KRW 10,500,000 and December 5, 2015
(b).
On June 5, 2015, the Plaintiff leased a building listed in the separate sheet (hereinafter referred to as “instant building”) to the Defendant at KRW 30,000,000, and the lease period from June 5, 2015 to June 4, 2017, respectively (hereinafter referred to as “the lease of this case”). Under the instant lease agreement, the Plaintiff determined that “if the lessee fails to pay the rent on more than two occasions consecutively, the lessor may terminate the contract.” The Defendant sent the leased KRW 10,500,000 to the Plaintiff’s account for more than two months on October 7, 2015, and thereafter failed to pay the rent to the Plaintiff, it is evident that the Plaintiff’s complaint of this case was served to the Defendant on the entire pleadings indicated in the evidence No. 1 to No. 4 on June 18, 2015.
According to the above facts, since the defendant did not pay three continuously until December 4, 2015, the defendant served the defendant with the complaint of this case indicating the plaintiff's intention to terminate the lease contract of this case, the above contract was lawfully terminated.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the amount of KRW 10,500,000 in arrears until December 4, 2015 (i.e., monthly rent of KRW 3,500,000 x 3 months) and the amount of money calculated at the rate of KRW 3,50,000 per month, which is unjust enrichment equivalent to the rent and the rent from December 5, 2015 to the delivery date of the instant building.
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.