건물명도(인도)
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
3. The first instance.
1. The judgment of the court of first instance on the scope of the judgment of this court cited the plaintiff's claim on the principal lawsuit and dismissed the defendant's claim on the counterclaim.
On the other hand, the defendant appealed all of the main claim and the counterclaim of the judgment of the court of first instance against which the defendant lost. On July 1, 2019, the appeal against the counterclaim was withdrawn.
Therefore, the scope of this Court's adjudication is the part on the claim against the defendant.
2. Basic facts
A. On September 6, 2013, the Defendant leased the instant building from the Plaintiff for a period of KRW 5 million, KRW 5 million per month, KRW 500,000 per month (including value-added tax), and from September 25, 2013 to September 24, 2015.
(hereinafter “instant lease agreement”). B.
On December 23, 2014, the Plaintiff and the Defendant changed the deposit of the instant lease agreement into KRW 3.5 million, KRW 3.5 million per month, and the period until December 24, 2016.
C. From September 25, 2013, the Defendant occupied and used the instant real estate from September 25, 2013, and did not pay the tea after January 26, 2017.
On February 27, 2018, the Plaintiff sent to the Defendant a document certifying the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent, and received the document from the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
3. Determination as to the cause of the principal claim
A. According to the facts stated in the above Paragraph 1, the instant lease agreement was lawfully terminated due to the Plaintiff’s termination notice on the ground that at least two occasions the Defendant had failed to pay rent, and thus, the Defendant is obligated to deliver the instant dishonor to the Plaintiff, and return the unjust enrichment from January 26, 2017 to the completion date of delivery of the instant building at the rate of KRW 350,000 per month.
B. As to this, ① the Plaintiff and the Defendant changed the contents of the instant lease agreement on December 13, 2014, and the Defendant did not sign and seal the Defendant’s signature and seal, thereby establishing the said agreement.