건물명도(인도)
1. The Plaintiff:
A. The Defendants deliver 168 square meters on one floor among the buildings listed in the attached list;
B. Defendant C shall be 5,900.
1. On November 23, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C on the condition that: (a) the lease deposit amount of KRW 20 million, monthly rent of KRW 1 million, and the lease agreement was concluded between November 26, 2016 and 36 months; (b) the Plaintiff transferred the instant building to Defendant C on November 26, 2016; (c) the Defendants were operating accommodation business and restaurant business after having registered the business in the name of Defendant D; and (d) Defendant C did not pay KRW 10 million, out of the lease deposit under the instant lease agreement, and did not pay KRW 10 million, the remainder of KRW 10,000,000,000,000 among the lease deposit under the instant lease agreement, or on the ground that the Plaintiff did not pay KRW 25,000,000,000 to Defendant C on September 29, 2018.
According to the above facts, the right to terminate the instant lease agreement was created against the Plaintiff under Article 10-8 of the Commercial Building Lease Protection Act by failing to pay the amount of more than three vehicles for Defendant C, and thus, the instant lease agreement was legally terminated on February 22, 2019 when the Plaintiff notified the termination of the instant lease agreement on the ground of the delinquency in rent by Defendant C.
Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff, and Defendant C is obligated to pay the amount calculated by the rate of KRW 1 million per month from January 26, 2019 to January 26, 2019 to the delivery completion date of the instant building with unjust enrichment of KRW 5.9 million due to the unpaid rent and KRW 1 million per month from January 26, 2019.
2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.