건물명도
1. Of the judgment of the first instance court, with respect to Defendant B, the following two-A:
Plaintiff 2.3
1. Deposit for lease of basic facts: 10 million won (payment of KRW 10 million in the contract amount, KRW 90 million in the balance, KRW 90 million in the payment of June 10, 2014): The lease contract may be terminated if the lessor fails to pay the rent for at least two years from June 10, 2014 to June 9, 2019:
On May 20, 2014, the Plaintiff entered into a lease agreement with Defendant B on the attached list owned by the Plaintiff (hereinafter “instant building”) with respect to the building (hereinafter “instant building”) as indicated below (hereinafter “instant lease”), and was paid KRW 10 million as down payment from Defendant B.
B. On June 9, 2014, Defendant B paid the remainder of KRW 90 million to the Plaintiff, and around that time, received the instant building from the Plaintiff; thereafter, Defendant B filed a food service business report with the trade name “E” on August 22, 2014; and completed the restaurant business registration with the same trade name on August 25, 2014.
C. Meanwhile, Defendant B paid to the Plaintiff KRW 33 million in total on six occasions, including, on September 30, 2014 and November 27, 2014, KRW 5,500,000,000,000,000 after the delivery of the copy of the instant complaint, following the payment of KRW 5,50,000,000,000 each on April 23, 2015, respectively, for the following reasons: < Amended by Presidential Decree No. 26035, Jan. 22, 2015; Presidential Decree No. 26083, Feb. 17, 2015; Presidential Decree No. 26748, Mar. 23, 2015; Presidential Decree No. 26858, Apr. 23, 2015>
At present, in the instant building, the Defendants are operating a restaurant with its trade name changed to J.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 12, 13, Eul evidence Nos. 1 through 5, 8 through 11, 18, 19, and the purport of the whole pleadings
2. Both claims;
A. The Plaintiff’s assertion that Defendant B had completed the Rotterdam construction between the Plaintiff and the Plaintiff by the end of July 2014, and agreed to pay the rent from August 1, 2014, and actually run the Rotterdam construction as of August 1, 2014 at the same time.