건물명도
1. The Defendants are to the Plaintiff:
A. Defendant B received KRW 2,166,490 from the Plaintiff at the same time.
1. Basic facts
A. On March 17, 2016, the Plaintiff leased each of the buildings listed in the separate sheet (hereinafter “instant building”) to Defendant B, with a deposit of KRW 10 million, monthly rent of KRW 800,000,000, and the period from April 9, 2016 to April 8, 2018 (hereinafter “instant lease agreement”). In the event that the lease agreement of this case is delayed for two or more vehicles under the instant lease agreement, the lessor may terminate the instant lease agreement.
B. Defendant B paid to the Plaintiff the deposit amount of KRW 10 million under the instant lease agreement.
C. From May 9, 2016, Defendant B began to be in arrears. Accordingly, on August 29, 2016, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of delinquency in rent for three months from May 9, 2016 to August 8, 2016 by content-certified mail, and the said notification reached Defendant B at that time.
From May 9, 2016, Defendant B did not pay unjust enrichment equivalent to the rent or rent from May 9, 2016, and did not pay KRW 633,510 among the management expenses of the building in this case.
E. Defendant C, after completing the move-in report on April 11, 2016 due to Defendant B’s fraud, is residing in the instant building.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 6, the purport of the whole pleading
2. According to the facts based on the determination, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on August 29, 2016, and terminated upon the Plaintiff’s declaration of termination.
As such, the Defendants: (a) receive KRW 2,166,490 from May 9, 2016 to February 8, 2017, deducting KRW 7,200,510 from overdue rent of KRW 10,000 to KRW 10,00 under the instant lease agreement from the Plaintiff; and (b) jointly deliver the instant building at the same time, and (c) jointly deliver the instant building at the rate of KRW 80,000,00 per month from February 9, 2017 to February 8, 2017, deducting KRW 63,510 from overdue rent of KRW 63,510.