건물명도
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) As from July 1, 2019, KRW 4,900,00 and above.
1. Determination as to the cause of claim
A. The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:
(1) On June 28, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 5,000,000 for lease deposit, the period from July 1, 2016 to December 12, 2016, and KRW 300,000 for rent monthly (the first day of each payment date) (hereinafter “instant lease”). The Defendant occupied and used the said real estate by delivery from around that time to the present day.
D. She, however, the Defendant paid only the rent on July 2016 and did not pay the rent thereafter. On October 15, 2018, the Plaintiff declared that the said lease was terminated on the grounds of the Defendant’s delay by content-certified mail, and that it reached the Defendant around that time.
Article 22 of the Civil Procedure Act provides that the defendant shall pay the plaintiff KRW 600,000,000,000,000,000 for the portion of April 201 and 6.
B. (1) According to the above facts, the instant lease contract was lawfully terminated and terminated according to the termination of the Plaintiff’s contract on the grounds of the Defendant’s difference of land.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount calculated by deducting the deposit amount of KRW 5,00,000 from the total amount of KRW 9,90,00,00 (=30,000 + 36 months x 3 months [3 months x 3 months [6 months, April 2019, June 1, 2019]] due to the delivery of the instant real estate and the return of unjust enrichment equivalent to the unpaid rent or the amount of the rent, etc. from July 1, 2016 to June 2019, and the amount calculated by deducting the deposit amount of KRW 5,00,000 from the lease deposit amount of KRW 4,90,000,000 from July 1, 2019 to the complete delivery of the said real estate.
2. On the judgment on the claim of exemption from rent, the defendant is subject to the management of the leased building owned by the plaintiff for five months during which he/she worked in the Djuri station operated by the plaintiff's husband B.