건물명도(인도)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 21, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff, setting a deposit of KRW 10 million, monthly rent of KRW 1100,000 (excluding value-added tax, KRW 26,000 per month), and the period from March 26, 2016 to March 25, 2021 (60 months) (hereinafter “instant lease agreement”).
B. The instant real estate was all the first and second floors, and on March 31, 2016, the Plaintiff changed the use of the first floor to the second class neighborhood living facilities, and delivered the instant real estate to the Defendant on April 1, 2016, the following day. The Defendant is operating a coffee shop by constructing the instant real estate.
C. Paragraph (4) of the terms of the instant lease agreement provides that the remainder following the completion of the change of use of the first floor shall be paid, and the initial date of the first monthly rent from the month following the remainder. The first part of Article 4 of the instant lease agreement states that the lessor may immediately terminate the contract when the delayed amount reaches three terms.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]
2. On the Plaintiff’s assertion, the Plaintiff terminated the lease agreement on February 2019 for the following reasons, and the Defendant asserts that the Defendant is obligated to deliver the instant real estate and pay unjust enrichment equivalent to the rent by the time of delivery of the said real estate.
On the other hand, the Plaintiff asserts that the instant lease agreement was terminated pursuant to Article 4 of the instant lease agreement, on the grounds that the Defendant did not pay the rent after October through December 12, 2016, March 5, 2017, and September 2018.
According to Paragraph (4) of the instant lease agreement, the Defendant is obligated to pay the monthly rent from May 1, 2016, which is the day after April 1, 2016, which is the day following the completion of the change of use.
Eul evidence 5-1 to 11, Eul evidence 6-1 to 6, Eul evidence 7-1 to 7.