건물명도 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 10, 2016, the Plaintiff leased the following contents to the Defendants: (a) the part of (a) 198.347 square meters (one story 102; hereinafter referred to as “instant building”) connected each point of the attached Form No. 1, 2, 3, 4, and 1 among the 1st floor of the building on the ground, Seo-gu, Seo-gu (Road Name E) (hereinafter referred to as “Road No. 1, 198.347 square meters).
- Period: from January 15, 2017 to January 15, 2019 - Lease deposit: KRW 50 million - Monthly rent: KRW 3 million per month (excluding value-added tax): Management expenses: KRW 3.60,000 per month (excluding value-added tax).
B. As the Defendants were in arrears, the Plaintiff filed a lawsuit against the Defendants regarding the name of the building as Daejeon District Court 2017Kadan8897. In this case, the conciliation was concluded to maintain the lease relationship by settling accounts with the Defendants’ sealed rent, etc.
C. However, even after the establishment of the above conciliation, the Defendants did not pay monthly rent again, and the Plaintiff filed the instant lawsuit again.
On February 2, 2018, while the instant lawsuit is pending, the Defendants delivered the instant building to the Plaintiff.
(See the agreement attached to the proof of content of evidence Nos. 5). [See the agreement attached to the proof of content of evidence No. 5: 【Unstrifed Facts, Gap evidence No. 1-4 (including paper numbers), Eul evidence No. 1-5, Eul evidence, the purport
2. Determination
A. As if the request for extradition was accepted - around February 2, 2018, the delivery of the instant building was already made (the fact that the Plaintiff was delivered is recognized in the court) and this part of the claim is not accepted.
B. The Plaintiff did not accept the claim for monthly rent and management expenses - the Plaintiff claimed against the Defendants the payment of unpaid monthly rent of KRW 27,720,00 from June 15, 2017 to February 14, 2018, and KRW 10,318,621 from May 1, 2017 to January 31, 2018, and the Defendants asserted that the lease deposit still remains while disputing the overdue rent and management expenses. Accordingly, the amount claimed by the Plaintiff does not exceed the lease deposit.