건물명도
1. The defendant is against the plaintiff (appointed party).
A. Attached drawings 1 and 1.2 of the 232.08 square meters of the real estate listed in the attached list.
1. Determination as to the cause of claim
A. Facts of recognition 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”) is limited to Plaintiff (Appointed Party; hereinafter “Plaintiff”).
A) On June 8, 2015, as persons jointly owned one-third share of the real estate listed in the separate sheet, the designated parties C, and D are the one-third share of the real estate listed in the separate sheet and the Defendant indicated in the separate sheet indicating 1, 2, 5, 6, and 1 of the land indicated in the separate sheet among the 1st floor 232.08 square meters of the real estate listed in the separate sheet, the part of the ship attached to which each point is successively connected is 113.73 square meters of
(1) As to the rental deposit (hereinafter “instant rental contract”) KRW 20,000,000, monthly rent of KRW 1,350,000, and the lease term of KRW 24 months from June 8, 2015 (hereinafter “instant lease contract”).
(2) On November 14, 2017, the Defendant did not pay the rent under the instant lease agreement and, on November 14, 2017, up to KRW 14,300,000 in total, until the instant lawsuit is filed.
3) On December 15, 2017, the instant warden, which included the purport that the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delinquency in rent, was served on the Defendant on December 15, 2017. [Grounds for recognition] In the absence of any dispute, A’s evidence Nos. 1 through 4 (each of the entries, including a serial number,
B. According to the above facts, since the lease contract of this case was terminated on December 15, 2017 due to the Defendant’s delinquency in payment of rent, the Defendant is obligated to deliver to the Plaintiff the object of the lease of this case to its original state. The Defendant is obligated to pay to the Plaintiff the amount of 14,300,000 won with the return of unjust enrichment equivalent to the overdue rent or rent, delay damages with the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 16, 2017 to the date of full payment, and delay damages with the rate of 15% per annum from December 16, 2017 following the delivery of the complaint of this case to the date of the completion of delivery of the leased object of this case.
2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.