건물명도(인도)
1. The defendant shall be the plaintiff.
A. Attached Form 2. Of the sales of buildings D above ground C and cultural facilities 11,311.34 square meters on the second floor in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City.
1. The description of the grounds for the claim is as shown in attached Form 1;
(However, each week 2) and 7’s “Article 38,” “Article 37,” “10% per annum,” “18% per annum,” and “Article 30,” “the Defendant’s payment of penalty against the Plaintiff on March,” shall be deemed to be each clerical error in Article 31, and “attached Form 2,” respectively. 2. A judgment by public notice by applicable provisions of law (Article 208(3)3 of the Civil Procedure Act)
3. Part concerning partial dismissal
A. The Plaintiff seek damages for delay from December 20, 2018 for the overdue rent and management fee of 278,818,935 won.
According to the purport of Gap evidence No. 1 and the entire arguments, the following day is the fact that "the defendant paid all the monthly rent and expenses to be borne by the plaintiff on the 20th day of each month (see Article 10 (1))" in the instant lease agreement. Thus, the damages for delay of KRW 278,818,935, which the plaintiff sought against the defendant for overdue rent and management expenses as of December 20, 2018 shall occur from December 21, 2018.
Therefore, the plaintiff's claim for this part is without merit.
B. The Plaintiff seeks damages for delay from December 20, 2018 to January 5, 2019 for a penalty of KRW 363 million.
According to the purport of Gap evidence No. 1 and all pleadings, the lease contract of this case in this case is acknowledged that "if the defendant delays in payment of various expenses, such as rent, etc. to be paid to the plaintiff for not less than three months, the plaintiff may immediately terminate the lease contract of this case without any separate peremptory notice, and if the contract is terminated due to such reasons, the defendant shall pay the plaintiff the sum of the monthly rent, etc. during the remainder of the contract period as a penalty for breach of contract (see Articles 29 (2) 3 and 31 (1))." The plaintiff expressed against the defendant that "the lease of this case is terminated on the ground that the defendant has delayed payment of rent, etc. under the lease contract of this case for not less than three months."