건물명도(인도)
1. Defendant (Counterclaim Plaintiff Co., Ltd.) and Defendant E jointly and severally belong to the Plaintiff (Counterclaim Defendant; hereinafter the Plaintiff).
The main lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On April 23, 2014, the Plaintiff leased 86.48 square meters of a single-story store (hereinafter “instant store”) among the buildings indicated in the attached Table to F, to F, on April 23, 2014, KRW 30 million, monthly rent of KRW 2.3 million, and the lease period from May 7, 2014 to May 6, 2016.
F Around October 5, 2014, while operating a restaurant in the name of “G” in the instant building, F comprehensively transferred the business to Defendant D.
B. On May 4, 2016, the Plaintiff increased the monthly rent of the instant store to KRW 2.5 million with Defendant D, and extended the term of lease to May 6, 2018. However, in the event that a lease contract is terminated, the lessee entered into a lease agreement with the lessee to restore the said real estate to its original state and return it to the lessor (hereinafter “instant lease agreement”). On May 3, 2018, the Plaintiff agreed to extend the term of lease under the instant lease agreement until May 6, 2019.
C. Defendant D arbitrarily changed the name of the business owner on January 1, 2018 under Defendant E, the representative director.
Defendant D did not pay KRW 11,00,000 among the rent for November 2018, and KRW 12,250,000,000 in total, and KRW 12,250,000 in total for four months from December 2018 to March 2019 (= KRW 1,250,000 in total 2,750,000 in x 4 months).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case with a satisfy number), the purport of whole pleadings
2. Determination:
A. According to the facts of the judgment as to the Plaintiff’s claim on the principal claim, the instant lease agreement was lawfully terminated on April 22, 2019 when the duplicate of the instant complaint was served.
As such, Defendant D is a party to the instant lease agreement, and Defendant E is obligated to deliver the instant store to the Plaintiff as an actual occupant, and jointly and severally pay the unpaid rent of KRW 12,250,000 and the amount equivalent to the rent calculated by the ratio of KRW 2,750,00 per month from April 5, 2019 to the completion date of delivery of the instant store.