건물임대명도변경 및 임대료청구 등
Defendant C: the Plaintiff:
(a) deliver the buildings listed in the separate sheet;
B. 28,800,000 won and above from July 1, 2020
1. Claim against Defendant B (Selective Claim)
A. On December 2014, the Plaintiff leased the building listed in the separate sheet (hereinafter “instant building”) to Defendant B with “40 million won as lease deposit, monthly rent of KRW 2 million, and five years as lease deposit.” Since Defendant B was in arrears with three or more vehicles, the lease contract is terminated by the delivery of the copy of the instant complaint, and the Plaintiff seeks payment for delivery and overdue rent of the instant building.
B. We examine the judgment, and there is no dispute between the parties, and according to the purport of the entire pleadings, since the parties who concluded a lease agreement with the Plaintiff on the instant building are not Defendant B but Defendant C, the Plaintiff’s assertion against Defendant B, which is premised on Defendant B as the parties to the lease agreement, is without merit as to the remaining parts.
2. Claim against Defendant C (Selective Claim)
A. According to the purport of Gap evidence Nos. 3 and 4 as to the cause of the claim and the entire pleadings, the plaintiff set the building of this case to the defendant C as "40 million won, monthly rent of 2 million won, and five years for the lease term" around December 2014, and the defendant C has leased the building of this case to the plaintiff as "5 years for the lease deposit." It is acknowledged that the defendant C has reached the plaintiff on August 12, 2000 for the monthly rent of 132 million won ( = 2 million won per month x 66 months) which occurred during the 66-month period from January 2015 to June 202.
According to the above facts, the lease contract between the plaintiff and the defendant C was lawfully terminated on August 12, 2020 on the ground of the delinquency in rent of not less than 3 years by the defendant C. Thus, the defendant C delivers the building of this case to the plaintiff, and as the plaintiff seeks, the overdue rent of not more than 68 million won = 68.8 million won by the part of June 2020.