건물명도
1. The defendant delivers to the plaintiff the building indicated in the attached list, and from June 24, 2016, the above real estate is transferred to the plaintiff.
1. Facts of recognition;
A. On October 21, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 5,00,000, KRW 500,000 per month of rent, and the term of lease from November 21, 2015 to November 21, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On November 21, 2015, the Plaintiff transferred the instant real estate to the Defendant on November 21, 2015.
(B) The plaintiff and the defendant set the rent as the subsequent payment and agreed the date of payment on the 24th day of each month).
On June 13, 2016, the Defendant paid KRW 1,500,000 to April 201, 2016 on June 13, 2016 to the Plaintiff as the repayment of overdue rent, but thereafter, did not pay the rent thereafter.
C. The Plaintiff, as the instant complaint, declared to the Defendant that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent, and the duplicate of the complaint was served on October 25, 2016 on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings
2. Determination
A. According to the above facts, the sum of the overdue rent under the instant lease agreement is at least two years, and the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delayed delay, and the said declaration of intent reaches the Defendant. As such, the instant lease agreement was terminated due to the Defendant’s nonperformance of obligation, i.e., the delay of rent, as stipulated in the Civil Act or the instant contract.
B. Therefore, the Defendant’s delivery of the instant real estate to the Plaintiff, and KRW 1,500,000,000,000,000,000,000 in arrears for the portion of April 20, 2016 and May 2016 (as the Plaintiff is, it is reasonable to deem that the Defendant paid KRW 1,50,00,00,00, paid as the cause of the repayment of the rent to the Plaintiff, as the Plaintiff is, was appropriated for the overdue rent obligations arising from January 2, 2016 to March 2016) and June 20