건물명도(인도)
1. The defendant shall receive KRW 2,316,00 from the plaintiff, and at the same time, the office of the first floor of the building as stated in the attached Table to the plaintiff.
1. The plaintiff's assertion
A. On November 24, 2013, the Plaintiff leased 23.8 square meters on the ship (hereinafter “instant leased portion”) which successively connects each point of 1,2, 3, 4, 5, 56, and 1 of the attached drawings among the business offices of 1,00.83 square meters of the 1st floor of the building attached to the Defendant, as indicated in the attached Form, to the Defendant, and the deposit was set at KRW 8 million, monthly rent was set at KRW 50,000,000, and the period of one year.
(hereinafter “instant lease agreement”). B.
The above lease agreement was renewed on November 24, 2014, November 24, 2015, and November 24, 2016.
C. After the contract was renewed on November 24, 2016, the Defendant did not pay the rent from December 24, 2016. The Plaintiff terminated the said lease contract on April 11, 2017 on the ground that the Defendant was in arrears at least twice.
Nevertheless, the defendant has not delivered the above leased portion until now.
Therefore, the Defendant is obligated to deliver the leased portion of this case to the Plaintiff, and to pay the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 500,000 per month from December 24, 2016 to the delivery date of the above leased portion.
2. Determination
A. The fact that the instant lease agreement was concluded on November 24, 2013 between the Plaintiff and the Defendant, and the fact that the said lease was renewed on November 24, 2014, and November 24, 2015 is not disputed between the parties.
B. However, the Plaintiff asserts that the said lease agreement was renewed on November 24, 2016 and terminated on April 11, 2017 on the grounds of the Defendant’s delinquency in rent, and that the Defendant asserted that the said lease agreement was terminated by agreement between the parties around the end of December 2016.
C. In addition to the purport of the entire pleadings in each entry in the evidence Nos. 3 and 4, the following facts are as follows: (i) 100.83 square meters of business office of the 1st floor of a building on which the leased part of this case is located are composed of three studio and the leased part of this case; (ii) the Defendant operated a licensed real estate agent office in the leased part of this case; and (iii) the Plaintiff remodeled the 3 studio in the 1st floor and the leased part of this case to the Defendant on October 2016