건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From January 14, 2019, the above-mentioned A
subsection (b).
1. Facts of recognition;
A. On December 18, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant building”) with the term of KRW 15,000,000, monthly rent of KRW 1,200,000 (prepaid on December 29, 201) and the term of lease from December 29, 2017 to December 28, 2020.
B. On December 29, 2017, the Defendant paid KRW 15,000,000 to the Plaintiff and used the instant building as a store by receiving delivery from the Plaintiff.
C. From December 29, 2017, the Defendant did not pay the monthly rent under the instant lease agreement. On April 2, 2018, the Plaintiff notified the Defendant by content-certified mail that he would terminate the instant lease agreement on the ground of the Defendant’s delinquency in payment of monthly rent. The Defendant received the instant lease on April 3, 2018.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, 6, and 7, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the above lease agreement was lawfully terminated on April 3, 2018, which was delivered to the Defendant, on the ground that the Defendant did not pay more than three vehicles, and the Plaintiff had the right to terminate the lease agreement of this case pursuant to Article 10-8 of the Commercial Building Lease Protection Act.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff upon the termination of the instant lease agreement to its original state, and to pay the Plaintiff money calculated at the rate of KRW 1,200,000 per month due to the return of unjust enrichment equivalent to the rent from January 14, 2019 to the completion date of delivery of the instant building.
[Attachment 15,019,354 won (=120,000 won x (16/31 days) x less than KRW 1200,000) and less than KRW 15,019,354 in total, which was incurred from December 29, 2017 to January 13, 2019.