건물인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On June 2, 2012, the Plaintiff entered into a lease agreement with the Defendant on the condition that the whole of the first floor among the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant building”) on the part of the Defendant is KRW 35,000,000, monthly rent of KRW 2,500,000 (excluding value-added tax), the term of the contract from July 10, 2012 to July 9, 2014 (24 months), the management fee of KRW 200,000, and the Defendant would immediately terminate the lease agreement upon default of rent of at least two months (hereinafter “instant lease agreement”).
B. On November 3, 2014, the Plaintiff and the Defendant agreed to maintain the same contract for lease deposit, monthly rent, management fee, and monthly rent in the instant lease contract at the same time, but agreed to extend the term of lease from July 10, 2014 to July 9, 2016 (24 months).
C. As of June 30, 2015, the Defendant did not pay monthly rent for more than two months, and the monthly rent and unpaid electricity fee, etc. amounting to 29,301,080 won.
On the other hand, the Plaintiff submitted the instant complaint to the effect that the instant lease contract is terminated on the grounds of the delinquency of monthly rent for more than two months, and the duplicate of the complaint was served on July 17, 2015 to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including provisional number), the purport of the whole pleadings
2. According to the above fact-finding, the lease contract on the building of this case is deemed terminated on July 17, 2015 by the Plaintiff’s declaration of intent to terminate the lease contract. Thus, the Defendant is obligated to deliver the building of this case to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 29,301,080, which is the following day from July 1, 2015 to the completion date of delivery of the building of this case, including the monthly rent, unpaid electricity fee, etc., and the monthly rent, etc., calculated at the rate of KRW 2,950,000 from July 1, 2015 to the completion date
3. The Defendant asserted that the instant lease contract was terminated by the Plaintiff around the end of 2014.