건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On June 11, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the Plaintiff shall lease the building listed in the separate sheet (hereinafter “instant store”) to the Defendant with a deposit of KRW 10 million, monthly rent of KRW 10 million, and the lease period of KRW 10 million from June 20, 2017 to June 20, 2019 (hereinafter “instant lease agreement”). On June 11, 201, the Plaintiff entered into an agreement with the Plaintiff to pay the Plaintiff KRW 1.1 million each month by adding the interest on the deposit (hereinafter “instant special agreement”).
B. On January 6, 2018, the Plaintiff: (a) decided to lease the instant store to the Defendant for a period of one year from June 20, 2017 to June 20, 2018; (b) but (c) drafted a lease agreement in which the instant special agreement was omitted.
C. On February 5, 2018, the Plaintiff sent to the Defendant each content-certified mail to the effect that, “The instant lease contract will be terminated if the Plaintiff did not pay the deposit by February 5, 2018, because the Defendant paid the deposit by January 26, 2018, but did not implement it.” In the event that the Plaintiff did not pay the deposit by February 5, 2018, the Plaintiff again sent each content-certified mail to the effect that “the instant lease contract will be terminated by February 28, 2018.”
By January 26, 2018, the Defendant deposited KRW 1.1 million each month into the account under the name of the Plaintiff, and deposited KRW 3 million on February 28, 2018, KRW 500,000 on March 1, 2018, KRW 100,000 on March 2, 2018, KRW 200,000 on March 2, 2018, and additionally deposited KRW 1 million on March 2, 2018.
E. On April 20, 2018, the Defendant: (a) to the effect that “the renewal of the instant lease agreement is demanded”; (b) on May 23, 2018, the Defendant failed to pay the security deposit by the due date for the payment of the security deposit that was made orally by the Defendant at the time of concluding the instant lease agreement; (c) paid the unpaid security deposit without delay as the interest and monthly rent.