건물명도(인도) 등
1. The plaintiff
A. The defendant points out of the second floor of the building indicated in the attached list, each of which is indicated in the attached Form 1, 2, 4, 3, and 1.
1. Facts of recognition;
A. On May 19, 2016, the Plaintiff: (a) attached Table 1, 2, 4, 3, and 1 among the two floors of the building indicated in the attached list, the part (a) attached to the Defendant, which successively connected each point; and (b) the part (b) of the same building that is connected only through the said part, which is KRW 5,00,000,000 for deposit money of KRW 66.40 square meters; and (b) the period from May 31, 2016 to May 30, 2018; (c) leased KRW 24 months from May 31, 2016 to May 30, 2018;
[The building of this case in total of the above (a) and (b) parts]
Since the Defendant occupied the instant building by delivery, the Defendant did not pay a car at once, and has occupied the instant building so far.
C. On October 12, 2016, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated due to the Defendant’s delinquency in rent, and around that time, the said notice was served on the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5
2. Determination
A. According to the above facts, barring any special circumstance, the instant lease contract was lawfully terminated by the Plaintiff’s notice of termination on October 12, 2016, which was due to the Defendant’s delinquency in rent, barring any special circumstance, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the amount of unlawful gains on rent in arrears or rent in rent. However, the Plaintiff seeks the remainder after deducting the lease deposit to be returned to the Defendant out of the Defendant’s delinquency in rent in rent in arrears. From May 31, 2016 to November 30, 2017, it is evident that the Plaintiff calculated the remainder after deducting the lease deposit to be returned to the Defendant out of rent in arrears from the Defendant’s 18-month overdue rent or rent from the Defendant’s 8,100,000 won (450,000 won x 18-month) and the amount of unpaid rent from 3,100,000 won to 210,271.