건물명도등
1. The Defendants jointly do so to the Plaintiff:
(a) deliver the buildings listed in the separate sheet;
B. 2,4160,000 won and December 2, 2018
1. Basic facts
A. On October 4, 2013, the Plaintiff agreed to the effect that, with E and Defendant C, a lease deposit is KRW 20 million, monthly rent is KRW 1.6 million (excluding value-added tax; hereinafter the same shall apply), and the lease term is set from August 24, 2013 to August 23, 2015, the Plaintiff leased a building listed in the attached list (hereinafter referred to as “instant building”) to E and Defendant C, and that, with Defendant C, etc., the lessor may terminate the lease contract if the lessee fails to pay rent for at least two months.
B. On August 8, 2014, the Plaintiff agreed to transfer the status of the Defendants and E, and Defendant D’s joint lessee by August 23, 2018, to automatically renew the lease period by August 23, 2018, but the rent was determined and paid as KRW 1750,00 won per month from August 2, 2015, KRW 1910,000 from August 24, 2016, KRW 1910,000 from August 24, 2016, and KRW 208,00 from August 24, 2017.
C. However, since June 2014, the Defendants delayed payment of more than two installments. Accordingly, on November 16, 2018, the Plaintiff sent to the Defendants a document containing a declaration of intent to terminate the lease agreement on the grounds of the delinquency in rent, and around that time, the said document reached the Defendants.
Meanwhile, the difference between the Defendants and the Defendants in arrears on December 23, 2018 reaches KRW 2,4160,000 in total.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the instant lease agreement was lawfully terminated on the grounds of the Defendants’ non-performance of obligations, such as a tea plant.
Therefore, the Defendants are jointly obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff a total of KRW 2,4160,000,000 from December 24, 2018 to December 28, 2018, the monthly rent of KRW 2,288,00,00, or the amount of unjust enrichment equivalent to the rent of KRW 2,288,00,00.
B. The Defendants did not reduce the Plaintiff’s rent set at a higher level than that of the neighboring commercial buildings, but tried to arrange for a new lessee to recover the premium.