건물명도
1. The defendant, the defendant, on 181. 81. 1st retail store of the first floor of the 6th floor of the building built of reinforced concrete structure C in Gangnam-gu, Seoul.
1. Facts of recognition;
A. On June 30, 2013, the Defendant: (a) leased, from the Plaintiff, one story (181.36 square meters at retail stores, 69.36 square meters at retail stores, 69.36 square meters at brokerage stores) of the 6th floor of the building owned by the Plaintiff, the part 1-5 square meters at 43 square meters in the ship connected each point of 3,4, 21, 20, 22, and 3 (hereinafter “instant store”); (b) KRW 10 million in the ship; (c) management expenses, KRW 66,00 in the monthly rent (including value-added tax; hereinafter the same shall apply); and (d) the lease period from June 30, 2013 to June 30, 2014.
B. The rent thereafter was increased by KRW 1,045,00 from April 30, 2014, and KRW 1.1 million from April 30, 2015, respectively, and the term of the rent was renewed until April 30, 2016.
C. The Defendant did not pay the rent from time to time during the lease term, and the amount of KRW 6,452,00 (including management expenses, electricity and water supply fees) was overdue around April 30, 2016, when the above lease term expires.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-2, 3-3, Gap evidence 3-1, 2-4, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, since the Defendant’s delay in rent exceeds the amount of three-dimensional rents (the Defendant’s payment of rent, management fee, etc. to the Plaintiff en bloc and ombudsman’s payment of the rent, management fee, etc. is difficult to know the exact rent out of the above delay, but it can be sufficiently recognized that the amount exceeding 3.3 million won in total exceeds the amount of three-term rents, and the Plaintiff may terminate the above lease contract with the Defendant pursuant to Article 10-8 of the Commercial Building Lease Protection Act).
It is obvious that the defendant received the complaint of this case on December 8, 2016, which contains the expression of intent to terminate the contract. Thus, the above lease contract was lawfully terminated.
I would like to say.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.
3. Therefore, the plaintiff's claim is accepted on the ground of the reasons.