건물인도
1. The defendant shall be the plaintiff.
(a) deliver 425.766 square meters of one floor among the buildings listed in the attached list;
(b) 32,940,318 won;
1. Facts of recognition;
A. On March 16, 2016, the Plaintiff leased the instant building to the Defendant by setting the lease deposit amount of KRW 20,000,000,000, monthly rent of KRW 250,000, monthly rent of KRW 2,500,000, and from April 4, 2016 to April 3, 2017.
B. From November 2016, the Defendant did not pay the monthly rent to the Plaintiff, and the electricity tax did not also have been paid.
On January 9, 2017, the Plaintiff urged the Defendant to pay the monthly rent and unpaid electricity tax, but the Defendant did not comply therewith.
On April 4, 2017, the Plaintiff notified the Defendant of the termination of the lease agreement on the instant building.
The Defendant’s unpaid balance (A) lease deposit (B) (A) (=B) ① the sum of unpaid monthly rents 22,936,598 won 20,000,000 won 33,504,318 won (2) the sum of unpaid electric rents 22,50,720 won (2) the sum of unpaid electric rents 33,504,318 won (3) the amount of expenses incurred due to the non-execution of the contract ④ KRW 9,300,000 for the amount of damages 20,650,000 won due to unauthorized possession after the termination of the contract (i) the amount of damages 53,504,318 won (ii)
C. The amount calculated by deducting the lease deposit from the money that the Defendant is liable to pay to the Plaintiff, such as unpaid monthly rent and electricity rent, is KRW 33,504,318 as indicated below.
【Confessions based on Recognition】
2. According to the facts of the above recognition, the lease contract for the building of this case is judged to have been lawfully terminated by the plaintiff's termination on the ground of the defendant's non-performance of the obligation to pay monthly rent.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay KRW 32,940,318 to the Plaintiff within the scope of the amount of unpaid monthly rent, etc.
3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.