건물명도등
1. The Plaintiff:
A. The Defendants deliver three-story 123.12 square meters among the buildings listed in the attached list;
B. The defendant corporation.
1. The Plaintiffs, based on the facts, completed the registration of ownership transfer on March 15, 2012 with respect to the land and buildings listed in the separate sheet.
On March 5, 2012, the Plaintiffs leased the instant building 1, 2, and 3 to the Defendant Limited Tourism with the lease deposit of KRW 100 million, annual rent of KRW 15 million, and the period from March 13, 2012 to March 12, 2013.
(hereinafter “instant lease agreement”). The instant lease agreement was renewed by March 12, 2016.
Of the instant buildings, the first and second floors were delivered to the Plaintiffs around August 23, 2016, and the third floors were used by the Defendants.
(In fact that there is no dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 13, the purport of the whole pleadings). 2. argument and judgment
A. The instant lease agreement for the Plaintiffs’ assertion was terminated on March 12, 2016, and since the first and second floors of the instant building were already delivered to the Plaintiffs, the Defendants are obligated to deliver to the Plaintiff the land indicated in the separate sheet and the third floor of 123.12 square meters of the instant building.
In addition, the Defendant-Limit Tourism is obligated to pay the Plaintiff money at the rate of KRW 1,250,000 per annum (15 million/12 per annum) from March 13, 2016 to the time when he/she delivers the said land and building.
B. According to the evidence revealed earlier, it is recognized that the instant lease agreement had expired on March 12, 2016, and since the first and second floors of the instant building had already been delivered, the Defendants are obligated to deliver the third floor of the instant building to the Plaintiff.
The plaintiffs also seek the delivery of the land indicated in the attached list, but since the defendants do not possess the land listed in the attached list, the plaintiffs' claim for this part is without merit.
From March 13, 2016 to August 23, 2016, which was after the termination of the instant lease agreement, the Defendant’s limited tourism was obligated to pay KRW 6,693,548 [the Defendant’s limited tourism occupied and used the 1,2, and 3th floor of the instant building] [the KRW 6,693,548 [the Defendant’s limited tourism is obligated to pay KRW 1250,00 x five months [the period between March 13, 2016 and August 12, 2016] x 11/31 (the period between August 13, 2016 and August 23, 2016]; and
In addition, Defendant.