건물명도(인도)
1. The judgment of the first instance is modified as follows.
A. The scope of the Plaintiff’s property inherited from the deceased B.
1. Facts of recognition;
A. On May 6, 201, the Plaintiff entered into a contract with the deceased B (hereinafter “the Deceased”) on the lease deposit of KRW 40,000,00, monthly rent of KRW 4,400,00 (including value added tax; hereinafter the monthly rent includes value added tax), and the lease term of KRW 4,400,00 (hereinafter the “instant lease contract”) from July 1, 2011 to June 30, 201. The instant lease contract was renewed from September 1, 2013, to reduce the lease amount of KRW 3,850,00.
B. On September 30, 2016, while the Deceased used the instant building for the purpose of a warehouse, office, or dormitory, he prepared a detailed statement verifying overdue rent, etc. with K as well as the employee in charge of finance of the company operated by the Plaintiff (hereinafter “the instant detailed statement”). At the time, the Deceased confirmed KRW 61,65,000 as the overdue rent at the time of arrears.
In addition, the deceased's payment of only a part of the rent has been increased.
(c)
After October 28, 2018, the Plaintiff was unable to receive rent from the Deceased on or after the day on which January 9, 2019, and the Plaintiff filed the instant lawsuit against the Deceased on January 9, 2019, and served a copy of the complaint stating that “the instant lease contract is terminated on the grounds of overdue rent for more than two months” on January 24, 2019.
(d)
On June 20, 2019, the first instance trial proceeding was pending on June 20, 2019, the compulsory auction procedure for the real estate owned by the Plaintiff, including the instant building, was initiated. On September 23, 2019, after the judgment of the first instance was rendered, the deceased demanded the distribution of the deposit money in the above auction procedure, and then delivered the instant real estate to the Plaintiff on September 30, 2019.
E. Meanwhile, Defendant H is the deceased’s wife and Defendant I and J are the deceased’s children, and the deceased on April 25, 2020 pending trial.