건물명도(인도)
1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, among real estate 1st floor in the attached Table No. 773.44 square meters to the Plaintiff.
1. Facts of recognition;
A. On July 1, 2016, the Plaintiff: (a) set the lease period from July 1, 2016 to February 28, 2018; and (b) the lease period from the Defendant’s total sales amount as 16% (including value-added tax) to the Defendant, who intends to exhibit and sell the goods of “C” company in the part of the main text (a) and (b) (hereinafter “the part of the instant building”); and (b) the Plaintiff leased the said part of the building from the Defendant’s sales amount to 16% (including value-added tax).
(hereinafter “Lease of this case.” According to the above lease agreement, “management expenses (electric, water, sewage, gas, and communications) incurred by the Defendant during the preceding month shall be examined as of the end of each month by the Plaintiff and claimed against the Defendant, and the Defendant shall be paid to the Plaintiff by the fifth day of the following month (Article 5(1)). The Defendant has been in arrears even with the notice of performance due to a delay after the due date of payment of rent and other charges, or where the Defendant has been in arrears for at least three months, the Plaintiff may terminate the lease agreement upon written notice (Article 19(1)2).”
B. On April 10, 2019, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff requested that the Defendant pay the unpaid electricity fee in full by April 15, 2019, which was not paid the monthly, December, 2018, January, 2019, February, and March.
Accordingly, on April 18, 2019, the defendant representative D showed that the payment of management expenses has been delayed due to the decline in the business during the non-legal period and there was unpaid management expenses, and that the payment will be made in the future in accordance with the financial situation of the defendant.
C. On April 30, 2019, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds that the Defendant did not pay the above management expenses, and the said briefs were served on the Defendant on the same day.
【Ground of recognition】 The fact that there is no dispute, entry in Gap 2, 8, and 9 (including virtual number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant's assertion that the lease contract of this case expired after the expiration of the term.