건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver the F Center No. 201, No. 201, No. 175.93 square meters in Sipo-si, Sipo-si.
1. Basic facts
A. A Co., Ltd. (hereinafter “A”) entrusted the construction and management of the F Center on the Eth ground from Mapo-si, Mapo-si, Mapo-si, and entered into a final agreement on the construction and operation of the F Center between Mapo-si and Mapo-si on January 26, 2010.
B. On October 8, 2009, A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 70 million, monthly rent of KRW 4,416,650 (excluding value-added tax), and the term of lease from October 8, 2009 to October 7, 2015, with respect to the said rent and facilities, the lessee shall pay the maintenance expenses for the said rent and facilities by the end of the following month, and if the payment of rent and management expenses is delayed, the overdue interest calculated at the rate of 5% per month shall be added to the number of delayed days.
C. The management fee for the section for common use among the management fee to be paid by the Defendant in relation to the instant commercial building is KRW 467,500 per month, and the Defendant did not pay the rent after October 2014 and the public use management fee after November 2014, and is currently operating a restaurant at the instant commercial building.
A filed an application for commencement of rehabilitation procedures with the Suwon District Court 201 Ma99, and on November 21, 201, the plaintiff was appointed as a custodian of the above A on the same day. On December 5, 2012, the rehabilitation procedure for the above A is in progress as of December 5, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 8, 10 (including evidence attached with each number), the purport of the whole pleadings
2. Determination:
A. According to the facts acknowledged in the judgment on the claim for the delivery of the instant commercial building, the instant lease contract was terminated on October 7, 2015, and the Defendant, barring any special circumstance, did not constitute the Plaintiff.