건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) As from March 18, 2017, KRW 1,100,00 and above.
1. The following facts may be recognized by comprehensively taking account of the respective descriptions of Gap evidence 1 to 6 and the whole purport of oral proceedings:
C On February 11, 2015, the period from May 4, 2015 to May 18, 2017, the real estate listed in the separate sheet (hereinafter “instant real estate”) was determined as KRW 10,000,000 for lease deposit, and KRW 1,000,000 for rent (the 17th day of each payment date), and the instant real estate was handed over around that time.
B. On March 17, 2016, the Plaintiff purchased the instant real estate from C and succeeded to the status of lessee under the instant lease agreement as the same contractual content, and C transferred the sum of the overdue rent of KRW 2,200,000 to the Plaintiff at the time of succession.
C. On June 17, 2016, the Defendant expressed his/her intention to terminate the instant lease agreement on the ground that he/she had failed to pay the rent for the month of January, 2017 (the portion of the rent paid as of May 31, 2016 was paid as the succeeded arrears), and on February 17, 2017, the Plaintiff expressed his/her intention to terminate the instant lease agreement on the ground that he/she had failed to pay the rent for at least two consecutive years, and around that time, the notification was served to the Defendant.
As of March 17, 2017, the Plaintiff is a person who has a cause of 1,100,000 that is an unpaid vehicle.
According to the above facts, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in payment of two or more rents, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the amount calculated at the rate of KRW 1,100,000 per month from March 18, 2017 to the completion date of delivery of the instant real estate with return of unjust enrichment and the unpaid rent of KRW 1,100,000.
2. The defendant's assertion is alleged to the effect that there is no unpaid rent, but there is no specific assertion about the rent payment, and there is no evidence to acknowledge it.