건물인도
1. The defendant delivers to the plaintiff the building indicated in the attached list, and from October 10, 2020, the above building shall be delivered to the plaintiff.
1. Facts of recognition;
A. On February 13, 2019, the Plaintiff entered into a lease agreement with the Defendant to lease the instant store to the Defendant (hereinafter “instant lease agreement”) with the period from March 10, 2019 to March 9, 2021, by setting the lease deposit amounting to KRW 10 million, KRW 10 million per month (in advance), and the lease period from March 10, 2019 to March 10, 2021.
B. The Defendant delayed the payment of the instant rent more than three times while running a business upon delivery of the instant store, and the Plaintiff expressed his intention to terminate the instant lease contract by serving a duplicate of the instant complaint on the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5 (if there are serial numbers, including them; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the lease contract of this case was lawfully terminated at the time when the duplicate of the complaint of this case was served on the defendant.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.
B. The Plaintiff asserts that, as the Defendant did not pay the rent of KRW 11,00,000 until October 9, 2020, the Plaintiff is obligated to pay the said money at the rate of KRW 1,00,000 per month from October 10, 2020 to the completion date of delivery of the instant store.
The defendant, on May 6, 2019, 100,000 won for the plaintiff and the plaintiff on May 6, 2019
9. The fact that the payment of KRW 3 million, KRW 1 million on June 18, 2020, and KRW 3 million on June 30, 202 is not a dispute, and if the whole purport of pleadings is added to the statements in evidence Nos. 1, 2, 3, and 4, the defendant paid the rent of KRW 1 million on March 22, 2019.
Therefore, since the sum of the rent or rent paid by the Defendant from March 10, 2019 to October 9, 2020, when the lease term of this case begins, is KRW 9 million, the sum of the rent or rent paid by the Defendant from March 10, 2019 to October 9, 202, the sum of the unlawful gains equivalent to the overdue rent or rent is KRW 10,000 (= KRW 1,000,000 x 19 months x 9,000,000).
Therefore, the defendant is equivalent to the overdue rent or rent in arrears to the plaintiff.