건물명도 등
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
1. Basic facts
A. On July 31, 2013, the Plaintiff leased the instant real estate to the Defendant on a yearly basis, and then renewed each year. On July 31, 2013, the Plaintiff concluded a lease agreement with the Defendant on a deposit of KRW 25 million, monthly rent of KRW 1.5 million (payment on July 1), and one year (the re-contract shall be mutually agreed upon) during the period of one (one). At the time of arrears for at least three months, the contract shall be terminated immediately without filing a lawsuit for ordering arrears, and return to the facility cost. The Plaintiff paid KRW 18 million to the Defendant upon the termination of the contract normally, but at the time of termination of the contract, the Plaintiff concluded a lease agreement that is irrelevant to the lessor (hereinafter “instant re-contract”).
B. Meanwhile, the monthly rent of KRW 14,962,00, which was in arrears as of August 5, 2013, following the conclusion of the instant re-contract, was KRW 14,962,00, but upon the Defendant’s request, the Plaintiff prepared a written confirmation to enable the Defendant to obtain a loan of KRW 20 million as a security for the instant re-contract on August 5, 2013. The Defendant paid to the Plaintiff KRW 10,000,000 on August 5, 2013, KRW 200,000 on August 9, 2013, and KRW 10,962,00 on October 14, 2013.
C. On May 16, 2014, the Plaintiff sent to the Defendant a certificate of content that the instant re-contract was terminated on the ground that: (a) the overdue charge of KRW 4 million up to the time of the instant re-contract; and (b) the overdue charge of KRW 3 million for two months after the instant re-contract was not paid; and (c) the Plaintiff reached the Defendant around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 1, the purport of the whole pleadings and arguments
2. Determination
A. The summary of the Plaintiff’s assertion was three or more months in arrears, and accordingly, the instant re-contract was lawfully terminated.
Therefore, the Plaintiff is not obligated to pay the facility premium to the Defendant. Rather, the Defendant delivers the instant real estate to the Plaintiff, and based on the ratio of KRW 1.5 million per month from September 1, 2014 to the time of delivery of the said real estate.