건물명도(인도)
1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.
2. The Defendants: (a) KRW 2,065,000 and January 2017 to the Plaintiff.
1. Basic facts
A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), Defendant C entered into a lease agreement with D as KRW 5,000,000, monthly rent, between August 1, 2014 and July 31, 2016, by setting the lease term from August 1, 2014 to July 31, 2016.
B. On April 20, 2016, the Plaintiff succeeded to the lessor’s status while purchasing the instant real estate. On July 30, 2016, the Plaintiff entered into a re-contract with Defendant C at KRW 20,000,000 per month on the same terms and conditions as that of the said lease contract. On November 26, 2016, the Plaintiff entered into a lease agreement with only the lessee with the same content as above as Defendant Co., Ltd.
(hereinafter “instant lease agreement”). C.
The Defendants did not pay rent and public charges from March 2017, and the Plaintiff sent to the Defendants proof that the Plaintiff would terminate the lease contract if the Plaintiff did not pay rent and public charges on June 7, 2017 by June 12, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition of the request for extradition, since the Defendants were in arrears with more than three vehicles, the instant lease agreement was terminated upon delivery to the Defendants on October 13, 2017 by the instant complaint containing the Plaintiff’s declaration of termination.
Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff.
B. As seen earlier, the Defendants were in arrears with rent and public charges from March 1, 2017. Since the Defendants occupied and used the instant real estate even after the instant lease contract was terminated, and take the unjust enrichment equivalent to the said rent, the Defendants paid to the Plaintiff KRW 2,065,000 in total of the unpaid rent and public charges until August 31, 2017, and the amount of rent or rent calculated at the rate of KRW 370,000 per month from September 1, 2017 to the completion date of delivery of the said building.