건물명도(인도)
1. The counterclaim Defendant:3,849,500 won to the counterclaim and 5% per annum from June 19, 2019 to January 30, 2020.
1. Facts of recognition;
A. On June 23, 2018, with respect to the commercial building on the front section of the first floor of Yangcheon-gu Seoul Metropolitan Building (hereinafter “instant commercial building”) leased and used by the Counterclaim Plaintiff from the Counterclaim Defendant, deposit amounting to KRW 20 million,00,000, monthly rent of KRW 1430,000 (including value-added tax), management fee of KRW 10,000,000, and lease period of June 29, 2020.
B. Since December 1, 2018, the Plaintiff did not pay monthly rent and management expenses, the Defendant terminated the lease contract on April 8, 2019, and the Plaintiff transferred the instant commercial building on June 18, 2019.
On the other hand, on April 4, 2019, the counterclaim Defendant first returned KRW 2 million, which is part of the deposit, to the counterclaim. On July 8, 2019, the remainder of the unpaid rent, etc. was settled and returned KRW 4 million.
C. The electricity rate of 52,500 won used by the Lessee remains without settlement.
[Ground of certification] Facts without dispute, Gap evidence Nos. 10 and 20, the purport of the whole pleadings
2. Determination on the cause of the claim by the Counterclaim Plaintiff
A. The counterclaim Defendant who has returned the deposit for lease shall refund the deposit amount of KRW 14 million (20 million - 20 million - 4 million - 4 million ) to the counterclaim, from December 1, 2018 to June 18, 2018, or the amount of unjust enrichment of KRW 10,098,000 (one hundred and forty thousand 30,000 won (one hundred and forty 30,000 won for rent) x (618/30) x (one hundred and forty 30,000 won for rent) x 3,849,500 won calculated by subtracting the deposit amount of KRW 52,500 from the unpaid electric payment.
The counterclaim Defendant asserted that, on the wind that the counterclaim transferred the object without restoring to its original state, the amount of KRW 2,50,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00