건물명도(인도)
1. The Plaintiff:
A. The Defendants indicated in the separate sheet No. 1, 2, 9, 10, 11, 12, among the 246.25 square meters of the 1st floor of the building indicated in the separate sheet.
1. Comprehensively taking account of the respective descriptions in Gap evidence Nos. 1, 2, 3, and 5 (part of number omitted) and the purport of the entire pleadings as to the cause of the claim, the plaintiff leased the real estate on or around January 1, 2018, part No. 93 square meters (hereinafter "the real estate of this case") of the 1st floor of the building indicated in the separate sheet owned by the plaintiff and prepared a lease agreement with the defendants, respectively, for 24 months. The defendants agreed to pay rent of KRW 1.1 million per month from January to June 2018 and KRW 1.5 million per month from July to December, 201, and the management fee of the real estate of this case shall be paid KRW 50,000 per month, and the fact that the defendant Eul completed business registration under the name of the defendant C, and was not paid at all by the defendants.
According to the above facts, the defendants are in the status of joint lessee of the real estate of this case, and it is reasonable to view that the lease contract of this case was terminated due to the delivery of a copy of the complaint of this case containing the declaration of termination of the lease on the grounds that the defendants failed to pay more than three times the difference.
(Article 10-8 of the Commercial Building Lease Protection Act). Thus, the defendants are obligated to deliver the real estate of this case to the plaintiff and jointly and severally pay the unpaid rent, management fee, and illegal gains equivalent to the rent and management fee until the date of delivery.
The Plaintiff asserts that the monthly rent is an amount excluding value-added tax, and filed a claim for the payment of money calculated at the rate of KRW 1.2,60,00 per month from January 1, 2018 to June 31, 2018 (=1.100,00 won x 1.10% x 50,000 won) and KRW 1.7 million per month from July 1, 2018 to July 1, 2018 (=1.50,000 won x 1.10% x 50% 50,000 won). However, in light of each of subparagraphs 1 and 3 of the evidence of subparagraphs 2-1 and 3, it is difficult to view that each of the above amounts is an amount excluding value-added tax solely on the basis of the evidence of subparagraph 2-2 written between the Plaintiff and the Defendant.