건물명도
1. The defendant shall order the plaintiff to order the building stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Determination on the cause of the claim
A. (1) On August 16, 2016, the Plaintiff entered into a lease agreement with the Defendant on a monthly rent of KRW 6.5 million (excluding value-added tax) as to the real estate (factory; hereinafter “instant building”) listed in the separate sheet with the Defendant (hereinafter “instant building”).
(2) On the same day, the Plaintiff entered into a real estate sales contract with the Defendant for the purchase price of KRW 1.7 billion (hereinafter “instant sales contract”) and paid the down payment of KRW 1.6 billion on the same day, and the remainder of KRW 1.6 billion on September 30, 2016 shall be paid up to September 30, 2016; however, if the remainder is not paid by the extended deadline, the period shall be extended by March 30, 2017; and if the remainder is not paid by the extended deadline, the sales contract shall be terminated; and if the remainder is not paid by the extended deadline, the down payment shall be forfeited by the Plaintiff.
(3) From August 16, 2016, the Defendant occupied and used the instant building, but did not pay to the Plaintiff the monthly rent for September, 2016. On November 22, 2016, the Plaintiff sent to the Defendant a letter-certified mail indicating that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent, and the said letter-certified mail reached the Defendant around that time.
(4) The Defendant did not pay the remaining amount of KRW 1.6 billion until March 30, 2017, which is the remaining payment period stipulated in the instant sales contract. On April 12, 2017, the Plaintiff sent to the Defendant a content-certified mail that cancels the instant sales contract on the grounds of the Defendant’s nonperformance of obligation, and the content-certified mail sent to the Defendant on April 13, 2017.
B. According to the facts of the above recognition, the instant lease agreement and the instant sales contract were lawfully terminated on the grounds of the Defendant’s rent delay and the Defendant’s nonperformance. Therefore, the Defendant is obligated to order the Plaintiff to order the instant building.
2. The plaintiff's claim for conclusion is justified and acceptable.