건물명도(인도)
1. The Defendant points out to the Plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the real estate 106.56 square meters in the attached list.
1. Facts of recognition;
A. On January 21, 2015, the Plaintiff completed the registration of ownership transfer based on sale on December 1, 2014 with respect to real estate listed in the separate sheet.
나. 피고는 2012. 12. 1. 별지 목록 기재 부동산의 전 소유자인 C와 위 부동산 1층 106.56㎡ 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎부분 35.3㎡(이하 ‘이 사건 임대목적물’이라 한다)에 관하여 임대차보증금을 1,000만 원, 월 차임을 35만 원, 임대차기간을 2015. 11. 30.까지로 정하여 임대차계약을 체결하였고, 2015. 11. 30. 원고와 임대차보증금을 1,000만 원, 월 차임을 40만 원(매월 30일 지급), 임대차기간을 2015. 12. 1.부터 2016. 11. 30.까지로 정하여 임대차계약을 다시 체결하였으며(이하 ‘이 사건 임대차계약’이라 한다), 이 사건 임대차계약은 위 임대차기간이 만료된 후 묵시적으로 갱신되었다.
C. As of December 31, 2017, as of December 31, 2017, the Defendant’s delayed delay amounting to KRW 2 million (i.e., the unpaid rent amounting to KRW 6.8 million until December 31, 2017 – the Defendant paid on January 2, 2018) exceeded the two-term rent, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the overdue delay on January 2, 2018.
The defendant has been occupying and using the above real estate while running restaurant business in the leased object of this case until now.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5 and the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination of the contract as of January 2, 2018, on the ground of the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the leased object to the Plaintiff and pay the unpaid rent of KRW 2 million until December 31, 2017.
Furthermore, the Defendant continues to exist after the termination of the instant lease agreement.