건물명도
1. Defendant (Counterclaim Plaintiff) received KRW 790,000,000 from the Plaintiff (Counterclaim Defendant) and simultaneously attached to the Plaintiff.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. The Plaintiff leased the real estate listed in the attached list (hereinafter “the apartment of this case”) to the Defendant, setting the period from September 28, 2012 to September 27, 2014 (hereinafter “the lease of this case”).
B. However, due to the need for the repair on the instant apartment, E.S. construction company (hereinafter “S. construction”), which was a contractor, had the defect repair, and accordingly, the Defendant resided in the instant apartment upon delivery around October 19, 2012.
C. From June 2014, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement several times.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above fact of recognition, since the lease of this case is terminated upon the expiration of the term, the defendant is obligated to deliver the apartment of this case, unless there are special circumstances.
B. The defendant's assertion and judgment 1) First, since the above apartment was available in the apartment of this case, and the term of the lease of this case was not used in a normal way except eight months at the beginning of the occupancy, it should be extended for 16 months for the period during which the lease of this case was not used. Second, as seen in the judgment as to the claim for the lease deposit and the counterclaim claim, it is difficult to see that the defendant used the apartment of this case for 16 months, as seen in the judgment as to the claim for the lease deposit and the counterclaim, the above argument is without merit, and the fact that the defendant paid 7.9 million won to the plaintiff with the deposit for the lease of this case is not a dispute between the parties, and the above second argument is with merit.
C. Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff at the same time with the payment of KRW 790 million from the plaintiff.
3. Determination as to a counterclaim.