건물명도
1. The Defendant, among the buildings listed in the attached list, shall 86.98 square meters and general restaurants for the first floor of underground floor among the buildings listed in the attached list.
1. Facts of recognition;
A. On December 30, 2013, the Plaintiff: (a) leased a deposit of KRW 35 million; (b) KRW 15 million per month; (c) KRW 150,000,000 per month; and (d) the term of lease from December 30, 2013 to December 29, 2016 to the Defendant, among the buildings indicated in the attached Table list, with a deposit of KRW 886.98 square meters and general restaurants of KRW 112.04 square meters (hereinafter “instant building”).
B. On January 30, 2015, the Plaintiff and the Defendant newly concluded a lease agreement with the term of KRW 15 million for the instant building (hereinafter “instant lease agreement”) from February 1, 2015 to January 31, 2017. The difference between the deposit and the previous deposit was appropriated for the repayment of KRW 150,000,000 for the overdue deposit and the rent of KRW 1.55 million for February 2, 2015.
C. The Defendant paid to the Plaintiff KRW 150,000 as the monthly rent under the instant lease agreement, KRW 1550,000,000 on March 4, 2015, KRW 15550,000 on April 12, 2015, KRW 1550,000 on May 11, 2015, and KRW 1.3 million on June 2015.
On September 18, 2015, the Plaintiff sent to the Defendant a document evidencing that the lease contract is terminated on the grounds of the delinquency of rent 3 years, but the said document was served to the Defendant around that time.
E. The defendant occupies and uses the building portion of this case until now.
[Reasons for Recognition] Unsatisfy, Gap evidence 2 to 4, Eul evidence 2 and 3, the purport of the whole pleadings
2. The following facts revealed in the above facts of recognition: (a) according to the previous lease agreement between the Plaintiff and the Defendant, the Plaintiff and the Defendant agreed to pay monthly rent in advance; (b) when entering into the instant lease agreement on January 30, 2015, it was appropriated to pay monthly rent for February as part of the difference with the previous deposit; (c) thereafter, the Defendant paid monthly rent at the beginning of the month; and (d) the Defendant also agreed to pay monthly rent in advance (a summary of the issues as of November 25, 2015).