건물명도 등
1. The defendant shall be the plaintiff.
A. Of the buildings listed in the separate sheet, each point of the attached sheet Nos. 2, 3, 4, 5, and 2 shall be in sequence.
1. Facts of recognition;
A. On August 5, 2014, the Plaintiff agreed that the Defendant may terminate the instant lease agreement if the lease deposit is KRW 30 million in terms of the lease deposit, KRW 3.3 million in terms of the monthly rent, and the monthly rent payment period is set from August 15, 2014 to August 14, 2015, and the lessor may terminate the instant lease agreement if the Defendant and the lessee fail to pay the rent at least twice consecutively.
B. By March 15, 2015, the Defendant delayed the payment of the rent of KRW 16.5 million (five-month rent) by the date of March 15, 2015, and the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent.
C. The Plaintiff filed a lawsuit against the Defendant on the ground of the termination of the instant lease agreement. The Defendant paid KRW 9 million on April 15, 2015 and KRW 9 million on May 10, 2015 during the instant lawsuit.
[Grounds for Recognition: The entries in Evidence A-2 and the purport of the whole pleadings]
2. Determination
A. According to the above facts, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to overdue delay, the Defendant is obligated to deliver the building of this case to the Plaintiff and pay to the Plaintiff the amount equivalent to the rent of 6.6 million won (16.5 million won - 9.9 million won) from March 16, 2015 to March 16, 2015 and the delivery of the building of this case.
3.In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.