건물명도(인도) 등
1. The defendant shall receive KRW 17,313,200 from the plaintiff and at the same time draw up the attached Form among the buildings indicated in the attached Form to the plaintiff.
1. Basic facts
A. On November 2015, the Plaintiff (Lessor) entered into a lease agreement with the Defendant (Lessee) on the convenience points of this case as follows.
During the period from November 1, 2015 to April 30, 2016, deposit amounting to KRW 23,000,000 per month for rent of KRW 2,795,00 (excluding value-added tax), management expenses (excluding value-added tax) monthly, and management expenses (excluding value-added tax), rents and management expenses shall be paid by the end of each month (15% per annum for delayed interest).
B. On March 4, 2016, the Plaintiff notified the Defendant of an increase of rent in KRW 2,878,00 (excluding value-added tax) from May 1, 2016 to make a re-contract, but the Defendant did not comply therewith.
C. Around December 2017, the Defendant discontinued the instant convenience store and suspended its business.
From November 1, 2015 to April 30, 2016, the Defendant paid 3,127,740 won monthly rent (2,795,00 won of value-added tax 279,50 won of value-added tax 48,40 won of value-added tax 4,840 won of value-added tax), but only 2,843,400 won (value-added tax 2,795,000 won of rent) excluding value-added tax from May 1, 2016 to December 31, 2017, the Defendant paid 2,843,400 won, excluding value-added tax, from May 31, 2016 to December 31, 2017.
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 4 evidence (including paper numbers), the purport of the whole pleadings
2. Claim:
A. Since the lease of this case ends on April 30, 2016, the Defendant is obligated to deliver the instant convenience store to the Plaintiff.
B. The defendant is obligated to return the following money in unjust enrichment:
1) From May 1, 2016 to December 31, 2016, the annual rate of 15% for 3,005,120 won and 375,640 won and 4,840 won for management expenses of value-added tax of 2,87,800 won and 48,840 won for value-added tax of 2,87,800 won plus 3,219,043,40 won each month for 375,640 won for 375,640 won for 375,640 won for 375,640 won for 375,640 won for 375,640 won for 8 months x 3,05,120 won for 375,640 won for each month from May 1, 2017 to the completion date of the convenience store in this case.