건물명도
1. From 3,00,000 to 3,000 won, the Defendant shall draw up a separate sheet among the first floor of the building listed in the separate sheet from November 28, 2015.
1. Facts of recognition;
A. (i) On June 15, 2005, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 3,000,000 for the instant store owned by the Plaintiff, monthly rent of KRW 250,000, and the period from June 25, 2005 to June 24, 2007 (hereinafter “instant lease agreement”).
At the time of the conclusion of the instant lease agreement, the Defendant agreed to pay the repair cost necessary for the business and possession at the instant store by the Defendant, and to return the instant store to the Plaintiff upon the termination of the instant lease agreement and not demand repair cost, beneficial cost, and premium.
Article 22(1) of the Civil Act provides that the Plaintiff may terminate the instant lease agreement if the Defendant did not pay more than twice a month at the time of the conclusion of the instant lease agreement.
B. (i) The instant lease agreement has been renewed under the same conditions even after the expiration of the above term of lease.
However, the Defendant failed to pay the rent over six months from October 25, 2014, and the Plaintiff notified the Defendant of the termination of the instant lease agreement around March 10, 2015.
B. As of the closing date of the instant argument, there is no unjust enrichment equivalent to the rent or rent that the Defendant shall pay to the Plaintiff as of the date of the instant argument.
[Ground of recognition] No dispute, Gap 1 to 4 evidence, Eul 1 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease contract was terminated on the ground of the Defendant’s delinquency in rent at least two occasions, and the lessee’s obligation to return the leased object and the lessor’s obligation to return the deposit upon the termination of the lease contract are concurrently performed. The lease deposit guarantees all the lessee’s obligation arising from the lease after the termination of the lease until the delivery of the leased object to the lessor. Thus, the Defendant is the Plaintiff.