건물명도(인도)
1. The part concerning the claim for management expenses in the lawsuit of this case shall be dismissed.
2. The defendant shall enter the attached list in the plaintiff.
1. Basic facts
A. After purchasing each of the instant stores on June 17, 2015 and completing the registration of ownership transfer on July 9, 2015, the Plaintiff leased each of the instant stores to the Defendant from September 1, 2015 to August 31, 2020 on a rent of KRW 1,60,000 per annum, and the period from September 1, 2015 to August 31, 2020.
(Management Fee for the use of a store was to be paid by the Defendant, the lessee. (hereinafter “instant lease”). (B)
From August 2016, the Defendant delayed the management expenses for each store of this case. On January 16, 2017, the management office (hereinafter “management office”) in charge of the management of the whole partitioned building, including each store of this case, sent a statement of cooperation to the Plaintiff that requested the lessee of the relevant store to take measures so that the lessee of the relevant store can fulfill his/her obligation to pay the management expenses.
C. On March 7, 2017, the Plaintiff notified the Defendant that the instant lease contract will be terminated if the Plaintiff did not pay unpaid management expenses by sending a certificate of content to the Defendant.
On June 2017, the Plaintiff filed an application with Jeju District Court 2017Kadan10379 for provisional disposition prohibiting the transfer of possession, and on July 7, 2017, the execution of the provisional disposition was completed with respect to each of the instant stores.
On July 24, 2017, the Defendant paid to the Plaintiff KRW 1,600,000 (the first payment date was September 2016) for each of the instant stores in 2016. On the same day, the Defendant paid management expenses up to June 2017 to the management office on the same day.
E. From July 2017, the Defendant delayed the management expenses for each of the instant stores, but paid KRW 1,059,219, which is part of the unpaid management expenses, to the management office on March 5, 2018, and paid KRW 800,000, which is part of the rent for the year 2017 on the same day, to the Plaintiff.
F. On June 18, 2018, the Defendant paid 800,000 won to the Plaintiff out of the rent for the year 2017 for each of the instant stores, and paid 2,196,480 won to the management office in arrears until the time.
G. From July 2018, the Defendant each of the instant cases.