건물명도등
1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
1. The reasons for the court's explanation concerning this case are as follows: "after the heavy rain has been taken on July 9, 2013" in Part 10 of Part 4 of the judgment of the court of first instance, "after July 9, 2013," "record No. 18" in Part 6, shall be dismissed as "the reverse law," and "(b) the defendant's simultaneous performance defense" and the part of the judgment of the court of first instance other than the following part of the reasoning for the judgment of the court of first instance shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant's simultaneous performance defense in the above part "B. The defendant asserted that he could not respond to the plaintiff's claim until the plaintiff was returned 10 million won from the plaintiff. The fact that the lease deposit between the plaintiff and the defendant was the cause of 10 million won is the same as the above. Since the plaintiff's obligation to return the deposit is in the concurrent performance relationship with the defendant's duty to deliver the building of this case, the defendant's defense is reasonable. Accordingly, the plaintiff asserted that the above lease deposit amount of KRW 10 million was deducted by the defendant with unpaid rent of KRW 10 million from July 15, 2013 to June 19, 2014, and therefore, the defendant could not use the building of this case from July 9, 2013 to the defendant's obligation to pay the plaintiff of this case from July 9, 2013 to the plaintiff of this case. Therefore, the plaintiff's assertion that the plaintiff of this case did not have any obligation to pay the plaintiff of this case from 00.
3. Thus, the plaintiff's main claim and the defendant's counterclaim are within the scope of each recognition.