건물명도등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Jongno-gu Seoul and 3 lots above ground boodial boods.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 7, 2013, the Plaintiff entered into a lease agreement with the Defendant on the instant store and delivered the store:
The defendant paid down payment of KRW 25,000,000.
Deposit: 60,000,000 won for the intermediate payment of KRW 25,00,000 for the contract date, and the intermediate payment of KRW 25,000,000 for the last day of each month shall be paid on November 30, 2013, and the remainder of KRW 10,000,000 for the last day of each month from September 30, 2013 to the last day of each month shall be paid in installments of KRW 10,000 for the ten-month period (hereinafter referred to as “ separate fee”) 430,000 per month for the rent of KRW 10,00 for the payment of KRW 1,00,00 for August 30, 2013; and where the Defendant violates the payment contract for the nine-month period, it shall be deducted from monthly damages of KRW 30,000,000 for the period from the end of each month to the end of each month.
B. On April 4, 2013, the Plaintiff determined KRW 1,500,00 to the Defendant as 3% of the interest rate on August 30, 2013 and lent the amount to the Defendant.
C. The Defendant did not pay the intermediate payment and the remainder to the Plaintiff, and did not pay a separate fee.
The rent was paid until December 2013.
[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 2 evidence, the purport of the whole pleadings
2. Determination on the main claim
A. On April 15, 2014, the instant lease agreement was terminated on the grounds that the Defendant’s intermediate payment, remainder and separate fees were not paid, and that the instant lease agreement was terminated on the grounds of the delinquency in rent for at least two years.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.
Since the instant lease contract is a sub-lease contract, the Defendant’s business registration is cancelled so that the Defendant can operate a store, and the Defendant did not implement it despite having the right to enter into a lease contract with the building owner. Moreover, the Defendant demanded an intermediate payment of KRW 10,000,000 in addition to the intermediate payment and the remainder of KRW 35,000,000, and received intermediate payment.