건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) receives KRW 60,000,000 from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 13, 2015, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant building”), concluded a business consignment agreement with D Co., Ltd. (hereinafter “instant business consignment agreement”) with the representative director of C on April 13, 2015.
B. On May 16, 2018, the Defendant concluded a lease agreement with the Plaintiff’s agent, stipulating that the instant building will be leased by setting the lease deposit of KRW 65,00,000 and the period from May 16, 2018 to May 15, 2020 (hereinafter “instant lease agreement”).
C. The Defendant paid 65,00,000 won to the account under C’s name, and is under possession upon delivery of the instant building.
The Plaintiff expressed, as the principal lawsuit of this case, that he did not intend to maintain the relationship with the Defendant with respect to the building of this case, and the Defendant also expressed his intention to terminate the relationship of lease as the counterclaim of this case.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-6, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) Since the Defendant occupied the instant building without the title to occupy it, it is necessary to deliver the said building to the Plaintiff and pay KRW 600,000 per month for unjust enrichment. 2) Even if the instant lease agreement constitutes a lease agreement between the Plaintiff and the Defendant, it is not effective against the Plaintiff since C concluded a lease agreement on behalf of the Plaintiff without the authority to conclude the lease agreement on behalf of the Plaintiff.
B. Since the Defendant entered into the instant lease contract with the Defendant who lawfully represented the Plaintiff and terminated the said contract, the Plaintiff is obligated to return the deposit amount of KRW 65,00,000 to the Defendant simultaneously with the delivery of the instant building from the Defendant.
3. Determination
A. The above facts are the validity of the instant lease agreement, each of the above evidence, and the purport of the entire pleadings.