건물명도
1. The Defendant (Counterclaim Plaintiff) is among the real estate listed in the separate sheet against the Plaintiff (Counterclaim Defendant).
(a) an indication of the Attached Form 1, 2, 3.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On January 12, 2012, the Plaintiff entering into a lease agreement: (a) each ground building of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant on January 12, 2012, shall be KRW 5,000,000; (b) annual rent of KRW 5,000,000; and (c) annual period of lease from January 18, 2012 to January 18, 2014 each year.
1. In the event that a rent is delayed while being leased as one-year rent determined on August 18, 198, additional dues equivalent to 20% per annum shall be paid, and an agreement was made to delay the payment of annual rent or immediately terminate the lease contract at the Plaintiff’s request, regardless of the time limit during which the agreement was violated (hereinafter “instant lease agreement”).
(B) B. (1) On December 1, 2013, the Plaintiff sent content-certified mail requesting the delivery of each of the instant real estate, as the instant lease agreement should be terminated due to the expiration of the lease agreement (i.e., January 18, 2014).
2) After January 18, 2014, the Defendant did not pay KRW 5,00,000 per annum under the instant lease agreement. From January 18, 2012, the Defendant did not pay KRW 575,470, and electricity tax amounting to KRW 692,870, which was used in the instant real estate. 3) The Defendant is a string that was operating inspection on each of the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 8 (including each number, if any) and the purport of the whole pleadings
2. Determination on the main claim
A. In light of the above facts, it is reasonable to view that the instant lease contract has expired due to the expiration of the term, barring special circumstances. Since the amount of unjust enrichment equivalent to the rent after the termination of the lease is also equivalent to the rent, the Defendant’s total sum of KRW 5,000,000, and the electricity and Internet user fees used in each of the instant real estate (= KRW 575,470, KRW 692,870) unpaid to the Plaintiff, and KRW 6,268,340, 340, =5.