건물명도
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
1. Basic facts
A. On November 30, 2016, the Plaintiff entered into a lease agreement with the Defendant on the instant office owned by the Plaintiff (hereinafter referred to as the “instant lease agreement”) with the content that: (a) the lease deposit amounting to KRW 30 million; (b) the monthly rent of KRW 3.6 million; (c) the management fee; and (d) KRW 2.50,000; and (c) the water rate of KRW 80,000,000,000,000,000,000,000 in advance on the last day of each month; and (b) the said agreement
B. By October 31, 2017, the Defendant paid KRW 4.29 million each month under the instant lease agreement (i.e., monthly tax of KRW 3.6 million = management expenses of KRW 2.5 million) and did not pay the said money from November 2017.
Accordingly, on April 19, 2018, the Plaintiff notified the Defendant of the termination of the instant lease on the ground of the delayed rent by content-certified mail, and the said notification was served to the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings
2. Grounds for a principal lawsuit and a counterclaim;
A. The Plaintiff’s assertion of the cause of the principal lawsuit terminated the instant lease agreement as the notice of termination, and the Defendant cannot be said to have discharged the Plaintiff’s duty of delivery by delivering the instant office without any word. The Defendant is obligated to pay the amount of monthly rent or monthly rent from November 1, 2017 to the completion of the obligation of delivery.
B. The Defendant’s assertion of the cause of a dispute and counterclaim was completed on June 1, 2018, and the obligation to deliver to the instant office was complete, and even if the instant lease deposit deducts the unpaid rent or unjust enrichment equivalent to the rents from the instant lease deposit to the time the delivery of the instant office is completed, the deposit remains, and thus, the Plaintiff’s claim cannot be complied with. Rather, the Plaintiff’s rent or rent that the Defendant was not paid to the Defendant from November 1, 2017 to May 31, 2018.