건물명도등
1. The Defendant (Counterclaim Defendant) shall attach the attached Form to the Plaintiff (Counterclaim Defendant)
1. Attached Form 204 square meters of buildings entered in the list;
2. Drawings 1.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 6, 2015, the Plaintiff: (a) concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant’s subsidiaries representing the Defendant as his/her agent and with respect to KRW 10 million as to the building E-2 (the same as the real estate stated in paragraph (1) of this case; hereinafter “instant 102”) of Busan Jin-gu, Busan; (b) the period of KRW 10 million per month; and (c) the lease agreement (hereinafter “instant lease agreement”) from October 15, 2015 to October 14, 2016.
B. The Defendant did not pay the Plaintiff the rent after May 16, 2016. On September 8, 2016, the Plaintiff terminated the instant lease agreement against the Defendant on the grounds that the Defendant did not pay the rent as above, and filed the instant lawsuit seeking delivery, etc. under the instant lease agreement. A duplicate of the instant complaint stating such declaration of intent was served on the Defendant on or around September 19, 2016.
At the time of the closing of the argument in this case, the defendant and the defendant set D occupy and use the No. 102 of this case.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 4, witness C's testimony, purport of whole pleadings
2. Determination on the main claim
A. According to the above facts, the instant lease agreement was terminated on September 19, 2016 by the Plaintiff’s declaration of intent to terminate.
Therefore, the Defendant is obligated to deliver the instant No. 102 to the Plaintiff, and pay the amount calculated as KRW 1,00,000 per month from May 16, 2016 to the date of the completion of delivery of the instant No. 102.
B. As to this, on May 2016, the Defendant demanded that the Plaintiff sell the building on the part of the Defendant, and deliver the instant No. 102 to the Defendant. On the other hand, the Plaintiff demanded to prepare a new lease agreement without stating that the Plaintiff is a vehicle due to tax, when stating that it is a vehicle, and demand that the Plaintiff prepare a new lease agreement without stating that it is a vehicle.