건물명도
1. The Plaintiff:
A. Defendant B Co., Ltd. has ordered the third floor of 293.47 square meters among the buildings listed in the attached list, and B.
1. Facts of recognition;
A. On July 4, 2014, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the third floor 293.47 square meters (hereinafter “instant building”) from among the buildings listed in the attached list owned by the Plaintiff, which is KRW 50,000,000 for lease deposit, KRW 4,50,00 for rent monthly, KRW 4,500 for rent (excluding value-added tax), management expenses, KRW 1,237,080 for management expenses (excluding value-added tax), and the period from July 10, 2014 to July 9, 2015 (hereinafter “the instant lease agreement”). On the same day, Defendant C guaranteed all obligations owed by Defendant C to the Plaintiff on the basis of the instant lease agreement.
B. The Defendant Company did not pay more than two rents and management expenses, and on March 6, 2015, the Plaintiff sent to the Defendant Company a certificate indicating the intent to terminate the instant lease contract, and the said certificate reached the Defendant Company on March 9, 2015.
C. As of the closing date of the instant pleadings, the Defendant Company did not pay the amount calculated by the ratio of KRW 510,788 as unjust enrichment from the occupation and use of the instant building (the balance on July 1, 2015) and KRW 6,310,788 as from August 1, 2015 (the monthly rent of KRW 4,500,000 management fee of KRW 1,237,080).
[Reasons for Recognition] Unsatisfy, Entry of Evidence A 1 to 4, the purport of the whole pleadings
2. According to the judgment and the facts found in the conclusion, the instant lease contract was terminated on March 9, 2015.
Therefore, the Defendant Company shall issue an order to the Plaintiff, and the Defendants are jointly and severally liable to pay the amount calculated by jointly and severally returning unjust enrichment at the rate of KRW 510,78 and KRW 6,310,788 per month from August 1, 2015 to the completion date of the name of the instant building.
Thus, the plaintiff's claim against the defendants is justified.