건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. 33,460,000 won and April 24, 2019
1. Facts of recognition;
A. On March 23, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant as a deposit of KRW 20,00,000, monthly rent of KRW 1,800,000 (excluding value-added tax), and the lease period from March 23, 2016 to March 22, 2017.
(hereinafter “instant lease agreement.” According to the said lease agreement, the lessor may immediately terminate the lease if the lessee fails to pay the rent for a period of three years, and the lessee may not raise any objection against the lessor’s order when the rent is delayed for at least two years due to a special agreement.
B. After concluding the instant lease agreement, the Plaintiff transferred the instant real estate to the Defendant.
C. The Defendant paid only the monthly rent until January 2017, and the subsequent rent was in arrears, and the amount of the rent thereafter remains KRW 33,460,00 (=total 27 months from February 23, 2017 to April 2019) as the unpaid monthly rent as of April 23, 2019.
On May 29, 2019, a duplicate of the complaint of this case, including the Plaintiff’s expression of intent to terminate the instant lease agreement, reaches the Defendant.
E. The defendant currently occupies the real estate of this case.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. According to the above facts of determination, since the instant lease agreement was lawfully terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Defendant is obligated to pay 3,460,000 won in arrears, and the amount equivalent to the rent calculated by the ratio of KRW 1,980,00 per month from April 24, 2019 to the completion date of delivery of the instant real estate is obligated to pay unjust enrichment.
3. citing the Plaintiff’s claim for conclusion