건물명도
1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The defendant shall be the plaintiff.
(a) 2,550,000 won and its corresponding;
1. Facts of recognition;
A. On October 24, 2012, the Plaintiff leased the real estate (hereinafter “instant real estate”) indicated in the separate sheet to the Defendant from November 19, 2012 to November 18, 2014; the lease deposit amount was KRW 3,00,000; and the monthly rent was KRW 850,000 (hereinafter “the instant lease contract”); and thereafter, the instant lease contract was implicitly renewed.
B. From August 19, 2016, the Defendant delayed the payment of monthly rent. Accordingly, on November 30, 2016, the Plaintiff expressed to the Defendant that the instant lease contract will be terminated on the grounds of the monthly rent delinquency.
[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings]
2. Determination
A. According to the above facts, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to overdue delay, the Defendant is obligated to deliver the real estate of this case to the Plaintiff, and to pay the Plaintiff the amount equivalent to the rent of 2,550,000 won in arrear (850,000 won x 3 months) from August 19, 2016 to November 18, 2016, calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 22, 2016 to the date of complete payment, as the Plaintiff seeks. The obligation to pay the amount of unjust enrichment calculated at the rate of 850,000 won per month from November 19, 2016 to the completion date of delivery of the real estate of this case.
B. The Defendant’s argument regarding the Defendant’s assertion argues that since the Defendant leased a 40 room, including the instant real estate, and operated a 40 room accommodation business later, the Defendant is obligated to deliver the instant real estate to the Plaintiff, who is the lessor, as long as the lease contract between the Plaintiff and the Defendant on the instant real estate was terminated.