건물인도등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the real estate listed in the annex;
B. 30,000 won and April 2017
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 30, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the attached list (hereinafter “the instant building parts”) to lease KRW 10,000,000 for the lease deposit, KRW 670,00 for the monthly rent (including management expenses), and from August 30, 2014 for the period from August 30, 2014 to twenty-four months (hereinafter “the instant lease agreement”). In the said lease agreement, the Defendant agreed to pay KRW 2,00,000 for the lease deposit at the time of the contract, and KRW 5,00,000,000 for the lease deposit at the time of September 2, 2014, to pay KRW 24% for delay by October 1, 2014.
B. On August 30, 2014, the Defendant: (a) received the instant building portion from the Plaintiff and operated the C Hospital; (b) paid only KRW 5,000,000 to the Plaintiff on October 1, 2014; and (c) paid the remainder of KRW 5,00,000 to the Plaintiff on deposit; and (d) paid KRW 1,00,000,000 to the Plaintiff on November 30, 2016, the Defendant did not entirely pay the difference from June 30, 2016.
C. Of the Defendant’s lease deposit, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the failure to pay KRW 5,000,000 and the delinquency in rent was served on the Defendant on May 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to requests for the delivery of a building
A. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated on May 8, 2017 when the Plaintiff’s declaration of termination reaches the Defendant.
Therefore, the defendant is obligated to deliver the building part of this case to the plaintiff, except in special circumstances.
Although the defendant alleged that he actually transferred the building portion of this case before June 2016, there is no evidence to deem that the defendant delivered the building portion of this case.
B. The defendant's counterclaim and the defendant's counterclaim.