건물명도
1. The Plaintiff:
A. The Defendants jointly deliver (1) the real estate listed in the separate sheet, and (2) from September 13, 2016.
1. Determination as to the cause of claim
A. (1) On January 13, 2010, the Plaintiff leased to Defendant B a lease deposit of KRW 30,000,000, the lease term of KRW 1,000 per month, KRW 2,00,00 per month, and KRW 13,00 per month, and the lease date of the rent of KRW 2,00,00 per month, the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant lease”) (hereinafter “instant real estate”), and Defendant B operated a golf range from a place to a partnership with Defendant C after receiving the instant real estate.
(2) From January 13, 2010 to September 29, 2012, Defendant B paid the Plaintiff the remainder of KRW 2,000,000,000, excluding the value-added tax, out of the monthly rent, but was later in arrears on several occasions.
Accordingly, if the plaintiff did not pay the rent in arrears on August 19, 2016 by the end of August, 2016, the plaintiff notified the termination of the lease and reached the defendant B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
B. According to the above facts of recognition, since the lease of this case was lawfully terminated due to the delinquency in rent, the defendants possessing the real estate of this case have the duty to deliver the real estate of this case to the plaintiff.
In addition, the Defendants are obliged to pay the amount of money calculated at the rate of KRW 2,200,000 per month from September 13, 2016 to the completion date of delivery of the instant real estate, since they continuously occupied and used the instant real estate even though the instant lease contract was terminated.
Meanwhile, the rent accrued from January 13, 2010 to August 2016 when the instant lease contract was concluded from January 13, 2010 to August 2016 is KRW 176,00,000 (=2,200,000 x 80 months). Since the Plaintiff was paid a sum of KRW 116,80,000 in the name of rent from Defendant B, Defendant B is the sum of unpaid rent (=176,00,000,000 - 116,80,000,000).