건물명도
1. The part concerning the counterclaim in the judgment of the court of first instance shall be modified as follows.
Plaintiff (Counterclaim Defendant).
1. The reasons why this court should explain this part of the basic facts are the same as the part of the “basic facts” judgment of the court of first instance, and thus, this is accepted by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff did not pay the rent for the instant lease agreement from around September 2013, and the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant on February 20, 2014 and March 4, 2014.
Therefore, as the instant lease contract was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. The Defendant’s assertion that the Plaintiff did not repair the instant real estate despite the occurrence of damp and fungico, which led to the instant principal suit, filed a claim for the delivery of the building by filing the instant principal suit, interfered with the installation of the childcare center emergency, and filed a civil petition at the time of Kimpo, and did not cooperate in the procedures for authorization of childcare centers
Accordingly, the Defendant failed to achieve the purpose of the instant lease agreement, and the instant lease agreement was terminated upon the delivery to the Plaintiff of a duplicate of the instant counterclaim containing the declaration of intent to terminate the instant lease agreement due to the causes attributable to the Plaintiff.
Therefore, the Plaintiff is obligated to pay the Defendant the lease deposit of KRW 100 million and damages for delay.
In addition, the Plaintiff is obligated to pay the Defendant for damages incurred to the Defendant due to the termination of the instant lease agreement due to the Plaintiff’s cause attributable to the Plaintiff, namely, business damages of KRW 48,00,000, and KRW 44,300,000, in total of the interior and defect repair costs of KRW 44,300,000, and damages for delay.
3. Determination
A. We examine whether the instant lease contract was terminated by the Plaintiff’s declaration of termination based on the annual rent system as to whether the instant lease contract was terminated or not.
The plaintiff on February 20, 2014 and March 4, 2014.