건물명도
1. The defendant shall be the plaintiff.
(a) approximately six persons between the real estate listed in the separate sheet and the attached sheet C and D.
1. The following facts are deemed to have no dispute between the parties pursuant to Article 150 of the Civil Procedure Act:
A. On April 1, 2013, the Plaintiff entered into a contract with the Defendant for the lease of the attached real estate owned by the Plaintiff (hereinafter “instant real estate”) with deposit KRW 4,00,000, and monthly rent of KRW 660,000 (including value-added tax; hereinafter the same shall apply) (hereinafter “instant lease contract”), and delivered the instant real estate to the Defendant.
B. While using the instant real estate and its adjacent drawings C and D as the place of business by combining them, the Defendant removed the reinforced block walls of about six persons with thickness installed between the instant real estate and the instant real estate C and D.
C. The Defendant did not pay the Plaintiff the rent after November 1, 2018, and did not pay the management fee for the portion of September and October 2019 on the instant real estate (=120,480 won) to the Plaintiff.
On July 24, 2019, the Plaintiff sent to the Defendant by content-certified mail a document stating that the instant lease contract is terminated on the grounds of overdue rent, etc. This seems to have reached the Defendant around that time.
2. Judgment on the plaintiff's claim
A. According to the above facts, it is reasonable to view that the instant lease agreement was lawfully terminated around July 24, 2019 by the Plaintiff’s notice of termination on the grounds of the Defendant’s delinquency in rent, etc.
Therefore, the Defendant, upon the termination of the instant lease agreement, installed a reinforced block structure (including a hydro-pact seal) with a thickness of about six persons between the instant real estate and the instant real estate and the instant real estate and the instant real estate to be restored to their original state, and deliver the instant real estate to the Plaintiff. ② From November 1, 2018 to October 31, 2019, the amount of overdue rent or the amount of unjust enrichment equivalent thereto was KRW 7,920,00 (=60,000 x 12 months) and the date on which a duplicate of the instant complaint was served.