건물명도(인도)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall receive KRW 17,277,00 from the Plaintiff (Counterclaim Defendant) and at the same time enter in the separate sheet (Attachment 1).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Around October 4, 2003, C entered into a lease agreement with the Defendant on a deposit of KRW 20 million, monthly rent of KRW 800,000,000 with the land of this case, and KRW 40,000,000.
B. The Defendant has carried out mechanical manufacturing work with the trade name “D” in the above land and buildings.
C. At the time, the building was composed of approximately 13 square meters of the instant building and a 7 square meters of illegal temporary building, and the Defendant has used machinery in each of the above buildings.
C Deceased on July 2005, the Plaintiff, the spouse of C, succeeded to the instant land and buildings, and was succeeded to the lessor’s status under the said lease agreement.
E. The lease contract has been continuously renewed between the original Defendant and the present monthly rent is one million won.
(F) On September 2018, the Plaintiff removed the said part upon receiving an order from the Yeongdeungpo-gu Office to restore the illegal temporary building to its original state.
G. The Defendant installed the instant provisional building in which a part of the machinery was exposed to the outside due to the removal of an illegal temporary building, with the cover of vinyl on the machinery. On November 2018, the Defendant installed the instant provisional building in which the amount of KRW 5,527,000 is KRW 5,527,000 on its own cost by installing a tent, etc.
H. On November 2018, the Plaintiff reported the instant provisional building to the head of Yeongdeungpo-gu Office. On November 15, 2018, the Plaintiff received a report completion certificate from the head of Yeongdeungpo-gu Office to the effect that the instant provisional building can be retained until November 7, 2020.
I. The Defendant paid to the Plaintiff the monthly rent of KRW 8.25 million from November 2018 to June 2019, and the monthly rent of KRW 1.1 million from July 2019.
(j) On March 28, 2019, June 25, 2019, and July 10, 2019, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract is terminated on the grounds of a tea. Each of the above content certification reached the Defendant around that time.
[Ground of recognition] dispute.