건물명도
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
(b) From January 6, 2015, KRW 10,00 and above.
1. Facts recognized;
A. On March 2, 2009, the Plaintiff entered into a lease agreement with C on a deposit of KRW 500,000,000 per annum, monthly rent of KRW 70,000 per annum, and from March 6, 2009, with regard to the real estate stated in the separate sheet (hereinafter “instant real estate”).
B. After that, according to C’s request, the Plaintiff entered into a lease agreement with C’s wife D regarding the instant real estate with a deposit of one million won, KRW 1.5 million per month, and KRW 150,000 per month, and the period from March 6, 2011 to December 6, 201, as to the instant real estate between C’s spouse and the Defendant, who is the spouse, around 2014, as to the instant real estate, with a deposit of one million won, KRW 150,000 per month, and the period from March 6, 2014 to March 6, 2015.
C. From March 6, 2009, C and the Defendant used the instant real estate for the same purpose.
Meanwhile, from May 8, 2009 to the date of filing the instant lawsuit, C and the Defendant paid each of the Plaintiff KRW 8,422,00,000,000,000,000 after the instant lawsuit was filed, and on May 4, 2015, a copy of the instant complaint stating the Plaintiff’s intent to conclude the said lease contract on the grounds of the Defendant’s delinquency in rent reaches the Defendant on March 19, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, the lease contract between the plaintiff and C is deemed to have been transferred from the defendant to D and the defendant under the agreement between the parties while maintaining its identity. Thus, the total amount of the rent paid by C and the defendant (=8.420,000 won) was appropriated from the rent of March 2, 2009 to the rent for which the due date first became due.
(2) The Plaintiff alleged that the monthly rent was appropriated (A) from March 6, 2009 to March 5, 201, KRW 70,000 per month, from December 6, 2010 to KRW 1.50,000 per month, but it goes against the description of the evidence No. 1.