건물명도
1. The defendant shall deliver to the plaintiff the 3rd floor of 58.04 square meters among the real estate listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. On February 2017, the Plaintiff entered into a lease agreement with the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant building”) at the end of February 300,000 won per month (the 10th day of each payment date) (hereinafter “instant lease agreement”).
B. On February 26, 2017, the Defendant received the instant building from the Plaintiff and has occupied and used the instant building until now.
C. On December 6, 2017, the Plaintiff prepared a lease agreement (No. 2) on the instant lease agreement with the Defendant, and the said contract remains an outstanding amount of KRW 1 million as of December 6, 2017.
‘The contents' are written. D.
The Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of delinquency in rent for at least two occasions through a duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on July 6, 2019.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 and 2, and the purport of the whole pleading
2. Determination as to the cause of action
A. According to the above facts, the instant lease agreement was lawfully terminated and terminated on July 6, 2019.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
B. As to this, the defendant asserts that there is no delay in paying three or more vehicles.
However, Article 640 of the Civil Act provides, “The lease of a building or any other structure may terminate the lease contract of this case in this case, in which there is no evidence to acknowledge that the reason for termination due to the lease of a leased forest is delayed for not less than 3 years, since the lease of the building or any other structure reaches the amount of rent for 2 years, the lessor may terminate the lease contract of this case.
On December 6, 2017, when the instant lease contract was prepared, the Defendant already paid KRW 1,00,000.