건물명도
1. The Defendant shall deliver each real estate listed in the separate sheet from June 1, 2016 to the Plaintiff’s KRW 100,000,000.
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of the pleadings:
On April 1, 2011, the Defendant shall determine the lease deposit amount of KRW 100,00,000, KRW 2,500,000 (in addition to value-added tax, payment in advance on the first day of each month) for the lease deposit, and from April 1, 201 to March 31, 201, the term of lease shall be from April 1, 201 to March 31, 201. The Defendant shall lease each real estate listed in the separate list (hereinafter “each of the instant real estate”) with the intention to increase the rent by 50,000,000 monthly from the date of conclusion of the lease contract (hereinafter “instant lease”), and at that time, each of the instant real estate was transferred to him and used for the purpose of restaurant.
B. The instant lease agreement contains a special clause that, while the Defendant may rebuild or alter the leased object with the consent of the Plaintiff, the lessor shall restore the leased object to its original state at the expense of the Defendant when returning it, and at the time of termination of the lease agreement, the lessor does not recognize the facility cost or the premium. However, the transfer or acquisition of the facility cost between the lessees is not open to
C. On May 24, 2012, the Plaintiff purchased each of the instant real estate from C, and completed the registration of ownership transfer on July 10, 2012, and succeeded to the lessor’s status under the instant lease agreement.
On or before December 30, 2015, the Plaintiff was expected to terminate the instant lease agreement on or before March 31, 2016, and thus, upon the expiration of the said period, notified the Plaintiff to request delivery of each of the instant real estate upon the expiration of the said period, and the said notification reached the Defendant on January 4, 2016.
However, the defendant is occupying and using the building of this case until now.
2. According to the above facts of recognition as to the cause of the claim, the instant lease agreement terminated on March 31, 2016, except in extenuating circumstances.
In addition, the plaintiff is simultaneously performing with the delivery of each real estate of this case.