건물인도등
1. The Defendant delivers to the Plaintiff the building indicated in the attached list, and from June 1, 2017, the pertinent building is located.
1. Facts of recognition;
A. On December 1, 2015, the Plaintiff: (a) leased the instant building with the Defendant KRW 20 million; (b) period from December 1, 2015 to July 31, 2016; and (c) period from July 31, 2016; and (d) monthly rent of KRW 4.5 million. If the Defendant did not deliver the instant building within seven days after the lease period, the Plaintiff entered into a lease agreement to pay KRW 10 million as damages (hereinafter “instant lease agreement”).
B. Defect that it is difficult for the Defendant to deliver the instant building at the time of the termination of the instant lease agreement, and the Plaintiff applied for the telephone damages filed on July 15, 2016 and concluded settlement with the Daegu District Court 2016No. 16, Aug. 17, 2016, which included the content that the Defendant would not claim damages of KRW 10 million as stipulated in the instant lease agreement if he/she delivered the instant building to the Plaintiff by April 30, 2017.
C. On July 21, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant building by setting the lease deposit of KRW 30 million, the lease term from August 1, 2016 to April 30, 2017, and the monthly rent of KRW 6 million (on April 1, 2017).
From January 1, 2017, the Defendant did not pay the monthly rent. Accordingly, the Plaintiff notified the Plaintiff that the instant lease agreement will be terminated by delivering a copy of the instant complaint.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, Eul evidence No. 3, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated around October 24, 2017, which is the delivery date of a copy of the instant complaint, and the Defendant, barring any special circumstance, delivers the instant building to the Plaintiff, and is rent from June 1, 2017 to the completion date of delivery of the instant building, as sought by the Plaintiff.