건물인도
1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The Defendants jointly do so from May 9, 2014.
1. Basic facts
A. On June 28, 2012, D and Defendant B Co., Ltd. (formerly before the change: Solo Co., Ltd.) concluded a lease agreement with a deposit of KRW 30 million and monthly rent of KRW 2.5 million from August 3, 2012 to August 2, 2014 (hereinafter “instant lease agreement”).
From the above lease contract, monthly rent was to be deposited into the Plaintiff's account.
B. Defendant C has occupied the building of this case from August 3, 2012, which is the term of the above lease agreement, to the present date.
C. On May 31, 2013, the Plaintiff succeeded to the lessor’s status after completing the registration of ownership transfer of the instant building, and succeeded to the lessor’s rights related to the said lease agreement from D.
From June 29, 2012 to December 23, 2014, the Defendants paid KRW 51,216,060 to the Plaintiff as security deposit and rent.
[Ground of recognition] For Defendant B corporation: The fact that there is no dispute against Defendant C pursuant to Article 208(3)3 (a service by public notice) of the Civil Procedure Act; the entry of evidence Nos. 1 through 5 and 8; and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the lease agreement between Defendant B and the Plaintiff was terminated by the delivery of at least a copy of the complaint indicating the Plaintiff’s intention of termination due to the delay of rent. Accordingly, the Defendants are obliged to deliver the instant building to the Plaintiff.
In addition, the Plaintiff may be deemed to have paid the amount of money calculated by deducting the total amount of KRW 53 million paid by the Defendants from the total amount of KRW 53 million on the sixth day of May 9, 2014 to the delivery completion date of the instant building. As such, the Plaintiff’s claim for the payment of money calculated at the rate of KRW 2,50,000 per month from May 9, 2014 to May 8, 2014 is apparent in calculating the amount of KRW 53 million from August 3, 2012 to May 3, 2014. As such, the Defendants jointly share the Plaintiff from May 9, 2014 to the following day.