건물명도
1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. Defendant B shall pay KRW 11,400,000 and this shall apply.
1. Under the underlying facts, the following facts are either disputed between the parties, or acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 2-1, 3, and 4, and there is no counter-proof.
On January 21, 2008, the Plaintiff entered into a contract with Defendant B to lease real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the lease deposit of KRW 25 million, monthly rent of KRW 800,000,000, and the lease period of two years (hereinafter “instant lease contract”).
B. The instant lease agreement is implicitly renewed, but around May 21, 2013, the Plaintiff and Defendant B agreed to increase the lease deposit to KRW 30 million and to increase the monthly rent to KRW 950,000.
C. However, from April 22, 2015, Defendant B delayed the payment of rent for at least 12 months, and on April 12, 2016, the Plaintiff expressed his/her intent to terminate the instant lease contract on the grounds of the failure to pay monthly rent to Defendant B. At that time, the said declaration of intention reached Defendant B.
On the other hand, Defendant C and Defendant D are relatives of Defendant B, and they are registered as residents of the instant real estate and occupying and using the instant real estate together with Defendant B.
2. Determination as to the claim against the defendant B
A. According to the above facts, the lease contract of this case was lawfully terminated due to the Plaintiff’s declaration of termination on the ground of delinquency in the rent of not less than two months by Defendant B, the lessee.
As such, Defendant B is obligated to deliver the instant real estate which is the object leased to the Plaintiff.
B. In addition, Defendant B is obligated to pay the Plaintiff monthly rent from April 22, 2015 to April 12, 2016 when the instant lease contract was terminated. From the following day to the completion date of delivery of the instant real estate, Defendant B used the instant real estate owned by the Plaintiff without any legal ground.