건물명도(인도)
The appeal by the Defendant (Counterclaim Plaintiff) is dismissed.
In accordance with the counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial of the party, the counterclaim is claimed.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 15, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the portion of 24.84 square meters in the ship connected with each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the first floor of the building indicated in the attached Table C and the attached Table Nos. 1, 2, 3, 4, and 1, with respect to the lease deposit of KRW 25 million, monthly rent of KRW 300,000 ( separate from value and management expenses), and the lease term of KRW 30,000,000 for the lease from August 15, 2012 to August 14, 2014.
B. On the same day, the Defendant paid the lease deposit amount of KRW 25 million to C in accordance with the instant lease agreement, and occupied and used the instant commercial building, and C agreed to receive KRW 360,000 in total as rent and management expenses, including value added tax, from the Defendant.
(c)
The Plaintiff purchased the instant commercial building from C on September 28, 2018 and completed the registration of the transfer of ownership of the instant commercial building on November 28, 2018.
(d)
As of November 21, 2018, the Defendant sent a certificate to the Defendant on November 23, 2018, that the sum of the rent and management fee KRW 9,550,000 (hereinafter “unpaid rent, etc.”) was unpaid. On November 23, 2018, C sent to the Defendant a certificate of the content that “if the amount of unpaid rent, etc. remains in KRW 9,550,000, and the amount is not settled, it would be deducted from the deposit.” The above certificate reached the Defendant on November 26, 2018.
E. On October 7, 2019, the Plaintiff submitted the instant complaint stating the termination of the instant lease agreement and the claim for the delivery of the instant commercial building on the grounds that it was overdue for at least three (3) days, and the said complaint reached the Defendant on October 22, 2019.
F. On July 16, 2020, the Plaintiff was handed over the instant commercial building by executing the delivery of the instant commercial building according to the judgment of the court of first instance sentenced to provisional execution of the instant case.
G. Meanwhile, the Defendant from November 28, 2018 to July 16, 2020, when the delivery of the instant commercial building was completed.