건물명도(인도)
1. The judgment of the court of first instance is modified as follows.
Defendant (Counterclaim Plaintiff) D and Defendant E are with Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiffs are the owners of the real estate listed in the separate sheet (hereinafter “instant office”), and own 5/10 shares, 3/10 shares, 3/10 shares, and 2/10 shares, 3/10 shares, and 2/10 shares, respectively, of Plaintiff A’s ASEAN.
- Deposit of KRW 10 million and monthly rent of KRW 1.3 million (pre-paid on July 10, 2018), deposit of KRW 1.0 million (payment at the time of a contract) intermediate payment of KRW 4 million (payment on July 10, 2018) plus KRW 5 million (payment on August 10, 2018), the contract term of which is between July 10, 2018 and July 9, 2023 - the monthly rent is paid from July 10, 2018.
B. On June 21, 2018, Plaintiff A entered into a lease agreement with Defendant D on the instant office with the following terms (hereinafter “instant lease agreement”) and received KRW 1,00,000 out of the deposit money from Defendant D.
C. Since then, Defendant D demanded the Plaintiff to change the lessee to Defendant E, who is a lessee, because it may be a problem that he/she has lost in another lawsuit, and the Plaintiff accepted this and entered into a contract with the same content as the lessee to be the Defendant E (hereinafter “instant modified lease agreement”) around June 28, 2018.
Plaintiff
A received an intermediate payment of KRW 4,000,000 from Defendant D on the same day.
From June 23, 2018, Defendant D commenced the interior of the instant office from around June 23, 2018, and occupied the instant office by moving his house to the office and locking it.
Plaintiff
A on July 10, 2019, the judgment of the first instance court of this case was delivered to the instant office through the delivery execution of real estate with the title of execution.
E. On August 31, 2018, the following day following the filing of the instant lawsuit, Plaintiff A deposited KRW 4,000,000 among the instant lease deposit with the Defendants.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 12 evidence, Eul 1-1, 2-2, the purport of the whole pleadings
2. Main lawsuit and counterclaim.