건물명도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the real estate listed in the separate sheet;
(b) September 1, 2015
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On February 24, 2014, the Plaintiff purchased real estate indicated in the separate sheet (hereinafter “instant building”) that the Defendant leased and used, and concluded a lease agreement with the Defendant on February 24, 2014 with regard to the instant building, as follows:
(hereinafter referred to as “instant lease agreement”) . (1) Lease deposit: 60,000,000 won per month: 3) Lease period: From December 14, 2013 to December 13, 2016, the term of the said lease agreement stipulated under the existing lease agreement (from December 14, 2013 to December 13, 2016) may be terminated at will by the Plaintiff at the time of arrears of the rent on three or more occasions.
The Plaintiff shall allow free lease from the date of the remainder to March 31, 2014.
(The rent has occurred from April 1, 2014). (b)
The Plaintiff received the difference from the Defendant as indicated below.
The former amount paid on April 30, 2014; KRW 5.5 million on April 30, 2014; KRW 3.5 million on June 30, 2014; KRW 3.5 million on June 30, 2014; KRW 3.5 million on August 4, 2014; KRW 3.5 million on September 2, 2014; KRW 3.5 million on August 3, 2014; KRW 500,000 on October 1, 2014; KRW 3.5 million on September 35, 2014; KRW 3.5 million on November 35, 2014; KRW 2.6 million on October 35, 2014; and KRW 6 million on October 5, 2014.
C. On January 30, 2015, the Plaintiff sent to the Defendant a notice that the instant lease contract will be terminated on the grounds of the delinquency in rent, by content-certified mail, and served to the Defendant on February 2, 2015.
The Defendant closed his business in the building of this case while operating the English Private Teaching Institutes, and still occupies the building of this case where the private teaching institute facilities are installed.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1 through 10, 4 through 6, Eul evidence 1-1 through 24, and 10, and the purport of whole pleadings
2. Determination on the main claim
A. According to the fact that the Defendant’s duty to deliver a building upon the termination of the lease agreement was recognized as above, the Defendant:
As seen in this subsection, three times up to January 2015.