건물인도
1. The counterclaim of this case shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Attached Form
1. An entry in the list;
1. We examine ex officio whether the counterclaim of this case is legitimate or not.
A defendant may, only if it does not remarkably delay the litigation procedures, file a counterclaim with the court in which the principal lawsuit is pending not later than the closure of pleadings.
(Article 269(1) main text of the Civil Procedure Act. However, the defendant filed the instant counterclaim on August 3, 2015 after July 14, 2015, which is the date on which the argument is closed. Since the instant counterclaim is inappropriate to have been filed after the argument is closed, it shall be dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.
2. Facts of recognition;
A. The plaintiff attached to the defendant on September 8, 2009
1. Attached Form among buildings entered in the list;
2. On the ship (A) which connects each point of the map Nos. 1, 2, 3, 4, and 1 in sequence, the lease deposit amount of KRW 5,00,000, monthly rent of KRW 80,000 (payment on August 8, 200), and the lease term of KRW 80,000, monthly rent of KRW 24 months from September 8, 2009 (hereinafter “instant lease contract”), the above building was handed over to the Defendant around that time.
B. After that, the instant lease agreement has been implicitly renewed. On March 6, 2015, the Defendant delayed payment of the monthly rent of KRW 12,00,000 and the electricity fee of KRW 1,263,000 for 15 months up to the date, the Plaintiff filed a lawsuit against the Defendant, and filed a lawsuit against the Defendant on at least two occasions against the Defendant, and the duplicate of the instant complaint containing a declaration of intention to terminate the instant lease agreement on the ground of delayed payment of rent.
[Ground of recognition] The fact that there is no dispute, Gap evidence 2, 4-1 through 17, the witness's testimony and the whole purport of pleading
3. Judgment on the principal lawsuit
A. According to the above facts finding as to the cause of the claim, the Defendant’s instant lease agreement was concluded on the ground that the Plaintiff did not pay the monthly rent of KRW 12,00,000 for 15 months until March 2015, on the ground that the Plaintiff did not pay the rent at least twice.