건물명도
1. The defendant shall order the plaintiff each point of the attached Form 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table list.
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of the pleadings:
On October 18, 2013, the Plaintiff: (a) leased to the Defendant the part “A” (hereinafter referred to as “instant building”) of 84.23 square meters in the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table No. 1 among the buildings listed in the attached Table No. 1, 2, 3, 4, 6, and 1, the lease term was from October 18, 2013 to October 17, 2014; (b) the lease deposit was KRW 2,240,000, annual rent of KRW 11,200,000.
(hereinafter referred to as "the instant lease agreement". (b)
The instant lease agreement provides that the Defendant would not demand the Plaintiff to reimburse expenses under Article 203 or 626 of the Civil Act, and also includes a special agreement under which the Defendant shall pay an amount equivalent to 120/100 of the rent as compensation in the event the Defendant continues to use the instant building without a lease agreement after the expiration of the lease term.
C. On September 23, 2014, the Plaintiff was expected to terminate the instant lease agreement as of October 17, 2014, and the renewal of the lease agreement is not possible on the grounds of sale of commercial buildings. Therefore, upon the expiration of the said period, the Plaintiff notified the delivery of the instant building.
However, the defendant is occupying and using the building of this case until now.
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the instant lease contract has expired on October 17, 2014, and barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, a lessor, and to pay the agreed indemnity at the rate of 1,120,000 won following the use of the instant building without concluding the lease contract from October 18, 2014 to the completion date of delivery of the instant building (=1,200,000 ± 12 months ± 12 months ± 120/100).
(Plaintiffs are seeking the payment of indemnity from September 23, 2014, but claims exceeding the above scope of recognition are without merit). 3. Defendant’s assertion.