건물명도(인도)
1. The Plaintiff (Counterclaim Defendant) paid KRW 69,708,044 to the Defendant (Counterclaim Plaintiff) and its related amount from November 13, 2019 to June 4, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff, a company running a housing construction business, etc., was completed on April 3, 2014 on the second and third underground floors in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and the third and upper commercial buildings, and is the owner of the first and upper floors D (hereinafter “instant real estate”).
B. On July 2015, the Plaintiff entered into a franchise agreement with E to operate the F Jincheon Office in the instant real estate, and purchased the tethical signboard construction and equipment.
C. On May 30, 2017, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate and a contract on the transfer and takeover of facilities within the F Jincheon General Points.
(hereinafter “instant lease agreement” and “instant contract for the transfer and takeover of facilities of this case”) D.
The lease term under the instant lease agreement is five years from the date of the designation of the tenant ( July 1, 2017), and the lease deposit is KRW 100,000,000, and the monthly rent is KRW 3,300,000 (payment on July 20, 201), and the Defendant paid the deposit in full.
E. Under the instant contract for the transfer and takeover of the instant facilities, KRW 128,00,00 for the transfer and takeover price, KRW 20,000 for the down payment, KRW 58,000 for the intermediate payment on the date of the contract, and KRW 58,000 for the intermediate payment, KRW 50,000 for the intermediate payment on the day of the contract, shall be sold at the time when the money is deposited, and KRW 50,000 for the remainder payment on July 15, 2018.
F. The Defendant paid KRW 40,00,000,000 on the date of the instant contract, including the payment of KRW 10,000,000 on November 22, 2018, and KRW 10,000 on December 14, 2018, among the transfer proceeds under the instant contract for the transfer and takeover of facilities.
G. In the instant contract for the transfer and takeover of facilities, the Plaintiff may cancel the contract without any separate peremptory notice when the Defendant did not pay the remainder of the transfer and takeover or when the Defendant did not pay the remainder of the transfer and takeover for at least 15 days. In this case, the transfer and takeover amount that the Defendant paid to the Plaintiff is confiscated, the ownership belongs to the Plaintiff immediately (Article 7(1)), and if the contract is cancelled and terminated due to the Plaintiff’