건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.
2...
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On March 31, 2015, Nonparty C entered into a lease contract with the Defendant with respect to the real estate listed in the attached Table (hereinafter “instant apartment”) owned by the Plaintiff as the broker, the Plaintiff, and the lessor and the Defendant as the lessee (hereinafter “instant apartment”). On March 31, 2015, Nonparty C paid KRW 30,000,000 as the deposit for the lease (hereinafter “instant lease contract”). On the same day, the Defendant paid KRW 30,00,000 as the deposit for the lease deposit (hereinafter “instant lease deposit”).
B. The defendant completed the resident registration of the apartment of this case on the same day and resides in the apartment of this case as of the date of the closing of argument.
C. Meanwhile, from March 28, 2015, C began to pay KRW 200,000 monthly to the Plaintiff as the monthly rent for the instant apartment from March 28, 2015.
C In operating the real estate brokerage office, he was prosecuted for committing a crime such as deceiving a number of persons who want to enter into a real estate lease contract, deceiving them from them, forging and using lease contract, etc., and was sentenced to a conviction of four years of imprisonment with prison labor in this court (Cheongju District Court Decision 2018 Goju District Court Decision 2018 Goju751, 2019 Godan87 (Joint)), and in the appellate court, the conviction of four years and six months of imprisonment was sentenced (Cheongju District Court 2019No482) and the above judgment became final and conclusive.
(However, it does not include the plaintiff in the victim of the crime in the above criminal case). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 5, Eul evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. According to the above facts of recognition as to the claim of principal lawsuit, the defendant is obligated to deliver the apartment of this case to the plaintiff who exercises the right to claim the removal of disturbance based on ownership unless there are special circumstances.
3. The defendant's assertion, counterclaim claim, and simultaneous performance claim are judged.