건물명도
1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay KRW 13,510,000 to the Plaintiff and its related matters. < Amended by Presidential Decree No. 25384, Jun. 1, 20
1. Facts of recognition;
A. In 201, the Plaintiff, among the first floor of the building listed in the separate sheet, owned by the Plaintiff, set the deposit deposit of KRW 1,000,000, monthly rent of KRW 210,000 for the part (A) of the ship (hereinafter “instant real estate”) that connects each point of the items in the separate sheet Nos. 1, 2, 3, 4, and 1, and 200.
(hereinafter “instant lease”). B.
The Defendant had resided in the instant real estate after the lease of this case, and did not pay the rent after January 2008.
C. Meanwhile, on April 10, 2014 after the judgment of the court of first instance was rendered, the Plaintiff, while executing extradition on April 10, 2014, released the Defendant from the instant real estate on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, and Gap evidence No. 2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the lease of this case has been implicitly renewed after the expiration of the agreed lease term, and the defendant's delay amount reaches the amount of rent of two years, the right to terminate the lease has been established against the plaintiff. However, in the lawsuit of this case claiming the termination of the lease on the ground of the defendant's delay of rent and claiming the return of the lease portion, it shall be deemed that the plaintiff's expression of intent to terminate the lease on the ground of the rent delay is included. Thus, the copy of the complaint of this case is served on the defendant on October 28, 2013, and the lease was terminated.
Therefore, the defendant is liable to pay to the plaintiff the total amount of KRW 13,510,00 (=210,000 monthly rent + 64 + 64 + 10/30) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 1, 2008 (the next day of the correction of the purport of the claim as of June 24, 2014) to April 10, 2014, which is the date of delivery of the real estate in this case, as sought by the plaintiff, from December 1, 2008 to April 10, 2014.
On the other hand, however,