건물명도
1. The Defendant’s KRW 16,460,334 as well as 5% per annum from November 10, 2015 to January 15, 2016 to the Plaintiff.
1. Basic facts
A. From May 19, 2014, C entered into a lease agreement with D on a deposit of KRW 15,000,000, monthly rent of KRW 1,400,000 (excluding value-added tax) with respect to the F building 406 on the land (hereinafter “instant store”) outside Yongsan-gu, Yongsan-gu, Seoul and one parcel of land (hereinafter “instant store”). Around May 19, 2014, D paid KRW 6,00,000, total of KRW 3,000,000 on the date of the contract, and KRW 3,00,000,000 on June 10, 2014.
B. After that, around July 10, 2014, the Defendant acquired the right to lease on the instant store from D entered into a lease agreement with C (hereinafter “the instant lease agreement”) with the effect that: (a) the deposit amount of KRW 15,000,000 for the instant store; (b) the monthly rent of KRW 1,400,000 for the instant store; and (c) the period from July 15, 2014 to July 14, 2016; and (d) the date of entering into the contract (hereinafter “the instant lease agreement”) with the lessee as of May 19, 2014; and (c) Article 3 of the said agreement states that “The lessee may not change the use or structure of the said real estate without the lessor’s consent or use it for purposes other than for the purpose of lease; and (d) the Defendant paid the remainder of the deposit amount of KRW 9,00,000 for the remainder of the deposit.
C. At the time of the conclusion of the instant lease agreement, the Defendant prepared for the opening of a pharmacy by receiving delivery of the instant store from C, and performing interior works for establishing a pharmacy. On August 15, 2014, the Defendant paid rent of KRW 1,540,000 to C.
On the other hand, the Plaintiff purchased KRW 230,00,000 for the instant store between C on July 23, 2014, and entered into a contract on the basis and on the present conditions based on a special agreement, after the on-site investigation, and the buyer takes over the monthly rent that is the contract until July 14, 2016.
(A) The sales contract (hereinafter referred to as “instant sales contract”) was concluded with the terms and conditions of “the copy of the contract,” and the store of this case.