건물명도(인도)
1. The Plaintiff (Counterclaim Defendant) is from May 17, 2019 to September 19, 2019, with respect to KRW 785,000 to the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Under the basic facts, each of the facts in paragraphs A and B does not conflict between the parties, or according to each of the facts in subparagraphs A, 1, 4, and 2-2, the facts can be recognized, and paragraph (c) can be recognized in accordance with the records.
On October 31, 2017, the Plaintiff concluded the instant lease agreement with the Defendant, respectively, setting the lease deposit amount of KRW 5,000,000,000, monthly rent of KRW 450,000, and period of lease from October 31, 2017 to October 30, 2019.
B. The Defendant paid KRW 5,00,000 to the Plaintiff. On October 31, 2019, the Defendant occupied and used the instant house upon delivery, and paid KRW 2,623,00,000 in the aggregate of KRW 2,623,00,00 in the name of rent, each of which was 450,000 on November 26, 2017 and December 30, 2017, respectively, on May 26, 2018, and KRW 1,395,000 on May 26, 2018, and KRW 2,623,00 in the name of rent.
The defendant delivered the house of this case to the plaintiff on April 11, 2019, after receiving the duplicate of the complaint of this case.
C. On March 29, 2019, the copy of the Plaintiff’s complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the delinquency in rent two or more occasions was served on the Defendant.
2. The parties' assertion
A. The instant lease contract was terminated due to the Plaintiff’s nonperformance of obligation (not less than two years in arrears).
The Defendant asserted that the instant housing was a building, the completion of which did not have any defects, and did not pay the Plaintiff monthly rent of KRW 1,723,000 for the amount of June of the same year, as of May of 2018, by asserting that the Plaintiff was a building, the completion of which could not lead to death, and that the Plaintiff did not make verbal abuse and bath. However, the Defendant paid KRW 1,723,00 for the amount of KRW 7,00 for the amount of four months.
In addition, the Plaintiff and the Defendant agreed to pay KRW 100,000 per month as the usage fee of 12.21 square meters in the underground room among the instant housing, but did not pay once.
Therefore, the defendant.