건물명도 등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Class I of the first floor of the real estate listed in the separate sheet;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 3, 2010, the network E (hereinafter “the network”) purchased real estate listed in the separate sheet from F on June 3, 2010 and completed the registration of ownership transfer on July 16, 201.
피고는 F로부터 주문 제1의 가항 기재 상가(이하 ‘이 사건 점포’라고 한다)를 임차하여 ‘G’라는 상호로 찜닭 등을 판매하는 식당을 운영하고 있었는데, 망인이 임대인의 지위를 승계하였다.
On May 1, 2012, the Deceased renewed the lease contract (hereinafter “instant lease contract”) with the Defendant and the instant store from May 1, 2012 to April 30, 2014, with the term of lease from May 1, 2012 to April 30, 2014, the lease deposit amount of KRW 20 million, and KRW 850,000 per month of rent (the first day of each month of payment).
B. The Deceased died on April 21, 2013.
Plaintiff
A’s wife, Plaintiff B, and C are children of the deceased, and joint lessors who followed the status of the lessor from the deceased.
C. By April 30, 2014, the Defendant delayed the total of 9.66 million won of rent and public charges (water and sewerage charges) until April 30, 2014, which is the scheduled date for expiration of the lease term, and there is no dispute between
After that, the rent has not been paid continuously. D.
On the other hand, on March 20, 2014, the Plaintiffs sent to the Defendant a document verifying the content of the instant lease agreement, on the grounds of the failure to pay two or more rents, and the said mail was served to the Defendant on March 21, 2014 on the following day.
【Ground of recognition】 The fact that there has been no dispute, the entry of Gap evidence 1 or Gap evidence 6, and the purport of whole pleading
2. Determination on the main claim
A. The 1st Plaintiffs asserted by the 1st Plaintiffs terminated the instant lease agreement on the grounds of the 2nd or more overdue rent, and the Defendant delivered the instant store to the Plaintiffs due to the termination of the lease agreement to the original state, and paid the Plaintiff the sum of the rent and public charges in arrears by April 30, 2014, KRW 9.66 million.