건물명도(인도)
1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.
2. The defendant against the plaintiffs
(a) 3,591.
1. Facts of recognition;
A. On August 10, 2017, the Defendant concluded a lease agreement with the Plaintiffs to lease a commercial building listed in the separate sheet (hereinafter “instant commercial building”) with the lease deposit of KRW 100 million, monthly rent of KRW 5.4 million, and the lease period from August 10, 2017 to August 10, 2019.
B. The defendant around August 10, 2017, received the shopping mall of this case, and around that time the location of the shopping mall of this case is its location, and completed the business registration (registration number E) of service business as described in the Disposition 2(c) and is still in operation until now.
C. The Defendant failed to pay monthly rent from November 2017 to April 10, 2018, and the sum of unpaid rent was KRW 23,400,000 (value-added Tax Separate). The Plaintiff notified the Defendant of the termination of the said lease agreement on April 10, 2018.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including the number of each branch), the purport of the whole pleadings
2. Determination
A. According to the above facts, since the above lease contract was lawfully terminated upon the plaintiff A's notice of termination as of April 10, 2018, which was made on the ground of the defendant's delinquency in payment of rent for at least three years, the defendant has a duty to deliver the building of this case to the plaintiffs, and the lessee's duty to restore the lessee's duty upon termination of the lease includes the duty to cooperate for the lessor to use the building again in line with the real estate's purpose at the time of lease. Thus, the plaintiffs or the third party who received the above consent does not interfere with the business permission again in the building of this case, the defendant is obligated to report the closure of business registration as of the order 2 (c) which was completed
In this regard, the defendant could not pay rent because of the occurrence of water leakage in the building of this case, and rather, it should be paid damages.