건물명도 등
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) delivers the Plaintiff-Counterclaim Defendant a floor of 130.88 square meters out of the real estate indicated in the attached list.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The real estate indicated in the attached list was owned by the Plaintiff’s deceased spouse D (hereinafter “the deceased”). On October 14, 2009, the deceased concluded a lease agreement with the Defendant on a deposit of KRW 50,000, monthly rent of KRW 2,000 (excluding value-added tax), and on October 25, 2009, on a deposit of KRW 2,200,000 from October 24, 201 to use the first floor of the above real estate as “E” (hereinafter “instant lease agreement”), and between the parties to an agreement to increase the rent of KRW 2,20,000 (excluding value-added tax) from November 25, 2009 to October 24, 2014.
B. On October 10, 2012, the Plaintiff completed the registration of ownership transfer on August 22, 2012 due to inheritance by consultation or division.
C. On May 29, 2014, the Plaintiff notified the Defendant of the change in delivery of the leased object at the expiration of the period, as it would not be renewed when the term of the instant lease agreement expires through the content-certified mail.
Nevertheless, the Defendant continued to conduct business at the above coffee specialty without delivering the instant shopping mall to the Plaintiff until the date of the closing of argument, and did not pay not only the fee equivalent to the rent for the use of the said shopping mall.
[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings
2. According to the facts found in the judgment on the claim of the principal lawsuit, the instant lease contract was terminated on October 24, 2014.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant commercial building to the Plaintiff for restitution, and pay the Plaintiff the amount calculated by applying the rate of KRW 2,420,00 per month to the amount of unjust enrichment equivalent to the rent from October 25, 2014 to the completion date of delivery of the said commercial building (=value 2,200,000 value-added tax of KRW 220,000).