건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver a new building listed in the separate sheet;
B. 2.8 million won and its related thereto. < Amended by Presidential Decree No. 24500, Mar. 2013>
1. Determination as to the cause of claim
A. The facts of recognition 1) On May 23, 2011, the Defendant: (a) from the Plaintiff on May 23, 201, the amount of KRW 50 million per deposit; (b) KRW 3 million per month; (c) KRW 2.5 million per month until February 10, 2012.
(A) The term “one lease” was fixed from June 10, 201 to June 10, 2014 (hereinafter “one lease”).
(2) On May 18, 201, the Defendant paid to the Plaintiff the deposit amounting to KRW 50 million on May 23, 201, and KRW 50 million on May 23, 2011. From June 10, 2011, the Defendant occupied and used the relevant building and run the household sales business. (2) On November 3, 2011, the cause of unclear fire in the relevant building occurred, and the relevant building was destroyed to the extent that it could not be used for the purpose of household sales business.
3) The Defendant concluded a fire insurance contract for modern marine fire insurance, fire-fighting building, and household, etc., and the Plaintiff was paid KRW 85 million with insurance proceeds from modern marine fire insurance, and the Defendant received KRW 47 million with respect to the said fire. 4) The Plaintiff and the Defendant agreed to the effect that “The Plaintiff, after constructing a new building listed in the separate sheet, leased the building to the Defendant, and the Defendant uses KRW 47 million with the construction cost of the new building.”
On January 12, 2012, the Defendant paid the Plaintiff KRW 10 million out of the fire insurance money of KRW 47 million received from Hyundai Marine Fire Insurance, and KRW 37 million on January 17, 2012.
5) On January 10, 2012, the Plaintiff contracted the construction work price of KRW 143 million (including value-added tax) to C, and obtained approval for the use of a new building on May 2, 2012, the Defendant: (a) on May 2, 2012, leased a new building with the same content as one lease (hereinafter “two lease”) from the Plaintiff; and (b) thereafter, owned and used the new building to sell the household by selling it.
7 The plaintiff and the defendant received a tax invoice from the plaintiff for the rent after June 2, 2012.