건물명도(인도)
1. The Defendant: (a) at the KRW 10 million from the Plaintiff’s KRW 10 million, the real estate indicated on the attached real estate in the indication of the attached real estate from October 16, 2018.
1. The Plaintiff, from around 2002, leased the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant, and the lease contract was repeatedly renewed.
With respect to the Plaintiff’s assertion that the lease contract was terminated on the grounds of the Defendant’s unauthorized extension of the object, delinquency in rent, etc., the Defendant did not have a duty to deliver the real estate by asserting that the Defendant did not extend the lease without permission, and that part of the rent was paid thereafter.
2. Determination as to the cause of action
A. The facts leading up to one million won per month that the defendant would pay to the plaintiff are without dispute between the parties, and considering the overall purport of Gap evidence Nos. 1 through 5, Eul evidence Nos. 2 and 4 and the whole arguments, the following facts can be acknowledged.
① On February 15, 2010, the Plaintiff and the Defendant agreed to deliver the instant real estate immediately in arrears for a period of one year from February 14, 2010 to February 15, 201, and for two months or more.
Since then, the lease contract has been renewed repeatedly.
② The Defendant deposited the Plaintiff’s account in the name of C or the Defendant’s name.
Examining the details remitted to the Plaintiff’s account, the payment of KRW 90,000 was commenced on January 31, 201, and the payment of KRW 700,000 was made on May 11, 2018, and the payment was made on May 11, 2018 (the 15th day of each month), and there was little case of installment payments made on several days (it is difficult to view that there was such an agreement solely on the ground that the Plaintiff had agreed to pay the rent at the end of each month, but the Plaintiff did not have any problem as to the overdue payment and unpaid payment). ③ The rent from March 25, 2018 and the rent from May 25, 2018 claimed by the Defendant was deposited on May 25, 2018, and the rent from May 1, 2018 was deposited on June 1, 2018.