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Reasons
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(영문) 대전지방법원 2018.12.11 2017가단218045
건물명도 등
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1. The Defendant from the Plaintiffs to November 20, 2018, from November 20, 2018, shall be from KRW 100,000 to the completion date of the name map of the building listed in the attached

Reasons

1. Facts of recognition;

A. On July 5, 2016, the Plaintiffs jointly acquired the ownership of the building indicated in the separate sheet (hereinafter “instant building”).

B. Around the time of acquiring the ownership of the instant building, the Plaintiffs entered into a lease agreement with the Defendant with respect to the instant building (hereinafter “instant lease agreement”) with the following content.

If the lease contract is terminated from March 13, 2015 to March 12, 2021 (from March 13, 2015 to March 12, 2021, the lease deposit of 110 million won for the monthly rent of KRW 100 million (in addition to value-added tax, the 20th day of each month) is terminated, the lessee shall restore the building in this case to its original state and return it to the lessor, and the lessor may not claim the premium for the lease.

If the defendant fails to pay rent for at least three months, the plaintiffs may terminate the lease contract.

C. From July 12, 2016 to August 3, 2016, the Defendant paid the above rental deposit KRW 100 million five times.

On July 20, 2017, the Defendant delayed to pay the monthly rent of 3/100 as of July 20, and on July 21, 2017, the Plaintiffs sent to the Defendant a certificate of content that contains the intent to terminate the instant lease agreement (hereinafter referred to as “certificate of content”). On July 24, 2017, the instant certificate of content reaches the Defendant.

E. On July 24, 2017, immediately before the arrival of the instant content certification, the Defendant paid KRW 13:06 1,210,000 on July 24, 2017, and paid KRW 36.3 million on July 26, 2017, such as paying KRW 4.2 million on July 26, 2017.

F. The Defendant continued to pay to the Plaintiffs the monthly rent by November 19, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual number), Eul's statement in subparagraph 1, the purport of whole pleadings

2. Determination

A. In the absence of special circumstances to determine the cause of the claim, this case.

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