건물명도(인도)
1. The Defendants are jointly and severally liable to the Plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) 945,000 won and this;
1. Basic facts
A. On July 25, 2017, the Plaintiff entered into a lease agreement with Defendant B for the lease deposit of KRW 5,00,000, monthly rent of KRW 1,350,000 (excluding value-added tax), and for the lease period from August 15, 2017 to August 14, 2019.
B. Defendant C was actually operating a Han-ribabba in the instant commercial building between Defendant B and South Korea. From August 15, 2017, the Defendants did not pay KRW 945,000 of value-added tax (i.e., KRW 135,000 x 7) for seven months from August 15, 2017. Defendant C was in arrears from March 15, 2018. The Plaintiff terminated the lease contract as the instant lawsuit.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4 (including serial number) and the purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, since the instant lease agreement has been lawfully terminated by the Plaintiff’s notice of termination on the ground of overdue delay, the Defendants are jointly and severally obligated to deliver the instant commercial building to the Plaintiff. The Defendants are obligated to pay the Plaintiff the total value-added tax of KRW 945,00, and the damages for delay calculated by the annual rate of KRW 15% from March 15, 2018 to the date of complete payment, which the Plaintiff seeks from March 15, 2018 to the date of complete payment. The Plaintiff is obligated to return the rent and the unjust enrichment equivalent to the rent calculated at the rate of KRW 1,485,00 per month from March 15, 2018 to the date of complete delivery of the instant commercial building.
For this reason, the Defendants agreed to pay KRW 70,000 per month when entering into a charter agreement with monthly rent of KRW 700,000 for the Plaintiff’s tax interest. Accordingly, the Defendants asserted that the value-added tax was actually paid KRW 70,00 per month from August 15, 2017 to July 7, 2017, but the evidence submitted by the Defendants alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.
3. Conclusion, the plaintiff .