건물명도(인도)
1. The defendant shall be the plaintiff.
A. A. To deliver the real estate listed in the [Attachment] List];
(b) KRW 5,50,000 and April 2, 2019.
1. Facts of recognition;
A. On June 16, 2018, the Plaintiff entered into a lease agreement with the Defendant regarding the real estate listed in the “Real Estate List” attached to the Defendant (hereinafter “instant real estate”), with the term “real estate” (hereinafter “instant lease agreement”) with the term of KRW 10 million per month, KRW 1850,000 per month, and the term from June 30, 2018 to June 29, 2020, and delivered the said real estate to the Defendant around that time.
B. On January 21, 2019, the Plaintiff, such as the Plaintiff’s notice of termination, appears to be an obvious clerical error in the portion of October 21, 2018 to the Defendant.
B. On December 2018, the content-certified mail sent to the effect that the instant lease contract is terminated because it was not paid for two months in total, and the above content-certified mail sent to the Defendant around that time.
2) The rent unpaid by the Defendant until the end of January 2019 reaches KRW 5,550,00. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence A Nos. 1 and 2, and the purport of the whole pleadings.]
2. According to the facts of recognition prior to the determination on the cause of the claim, the instant lease contract was terminated on the ground of the Defendant’s delinquency in rent for more than two years, and the Defendant is obligated to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.
Furthermore, I examine the plaintiff's monetary claim.
The facts that the monthly rent is 1850,000 won under the instant lease agreement, the Defendant continued to possess and use the instant real estate, and the fact that the Defendant was the vehicle unpaid by the end of January, 2019, is 550,000 won as seen earlier. Unless there are special circumstances, it is ratified that the rent after the termination of the instant lease agreement would be 18,50,000 won per month.
Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 5,50,000,000 for the rent unpaid until the end of January, 2019, and is obligated to pay the Plaintiff a total of KRW 1,850,000,000 for the rent calculated from February 1, 2019 to the completion date of delivery of the instant real estate.
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