건물명도 등 청구의 소
1. The Plaintiff:
A. Defendant B delivers the real estate listed in the separate sheet;
B. The defendant C is entitled to the real estate mentioned in the preceding paragraph.
① On July 22, 2006, the Plaintiff leased to Defendant B the real estate indicated in the attached list (hereinafter “instant apartment”) with a lease deposit of KRW 60 million, monthly rent of KRW 400,000,000,000 for the period until August 11, 2008. ② On September 11, 2006, the Plaintiff completed the registration of creation of a mortgage over the instant apartment with the maximum debt amount of KRW 60,000,000 (hereinafter “the registration of creation of a mortgage over the instant apartment”) as a security for the said lease deposit. ③ The said lease was implicitly renewed (However, from 2012, the lease was raised to KRW 60,000,000), and the Plaintiff expressed its intention of refusing to renew the lease before the end of August 11, 2016, ④ as of this case, Defendant C resides in the instant apartment, and the purport of Defendant C’s pleading as to only the Plaintiff’s allegation was paid to the Plaintiff.
As such, since the above lease contract expired at the expiration of the term, Defendant B shall deliver the apartment of this case to the Plaintiff, and Defendant C shall leave the above apartment, and Defendant B shall receive the remainder of money calculated by deducting the amount calculated by the rate of KRW 600,000 from the Plaintiff’s deposit amount of KRW 60,000,000 from the deposit of KRW 60,000,000,000,000 from the last day following the date of the payment of rent, from April 12, 2016
On August 28, 2015, Defendant C purchased the instant apartment from the Plaintiff, and paid the down payment of KRW 30 million. The Defendants asserted that the request of the Plaintiff cannot be complied with until the said down payment is refunded.
However, the plaintiff's claim of this case is seeking delivery of the apartment due to the expiration of the lease agreement and cancellation of the registration of the establishment of the neighboring mortgage, and is alleged by the defendants.