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Reasons
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(영문) 대전지방법원 2016.11.29 2016가단22209
건물명도
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1. The defendant shall be the plaintiff.

A. Attached Form

1. Attached Form among buildings to be indicated in indication;

2. To deliver a part of the building indicated in the indication;

Reasons

1. Determination as to the claim for extradition

A. On April 20, 2010, the Plaintiff owned by the Defendant and the Plaintiff.

1. Attached Form among buildings to be indicated in indication;

2. The fact that the portion of the indicated building (hereinafter “instant building”) entered into a lease agreement with a deposit of KRW 25,00,000 per month, KRW 80,00 per month, and KRW 20,00 per April 20, 2010 to April 19, 2012 (hereinafter “instant lease agreement”). The Defendant paid the Plaintiff deposit of KRW 25,000,000 to the Plaintiff and currently occupies and uses the instant building upon delivery from the Plaintiff. The Defendant did not pay the Plaintiff KRW 80,000 on May 21, 2010, KRW 50,000, KRW 500 on May 27, 2010, KRW 200,000 on the lease agreement of KRW 30,00 on April 31, 2010, and KRW 301,000 on April 10, 201, on the following grounds: the Plaintiff paid the Plaintiff more than the Plaintiff’s annual argument.

B. According to the above facts, the instant lease contract was terminated on September 10, 2015, and the Defendant is obligated to deliver the instant building to the Plaintiff.

2. Determination as to a rent claim

A. From June 20, 201 to the completion date of the delivery of the instant building, the Plaintiff sought payment of the amount of KRW 800,000 per month from June 20, 201 to the Defendant. Thus, the Plaintiff’s claim was 51,670,000, the Defendant was the vehicle unpaid to the Plaintiff as of October 4, 2016, which was the date of the closing of argument, and the fact that the Defendant occupied the instant building up to the present date is no dispute between the parties, and the Plaintiff expressed his/her intent to use the said unpaid vehicle for KRW 25,00,000 through the preparatory document on September 7, 2016, the fact that the Plaintiff expressed his/her intention to use it for KRW 26,670,00,000 (unpaid rent 51,670,000 - Lease deposit 25,000,000) and the Defendant.

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