건물명도
1. The part regarding the claim for delivery of movables among the counterclaim of this case shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. On May 9, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) under which the indication of the attached real estate (hereinafter “instant real estate”) was stipulated as follows with respect to the real estate indicated in the attached property (hereinafter “instant real estate”).
From May 9, 2012 to May 8, 2014, the obligation to maintain the leased object repair amount of KRW 100,000,000 (including value-added tax, KRW 30,000,000 per month, and KRW 11,00,00,00 per annum (in cases of delay in the payment of rent, KRW 24% per annum) for taxes, public charges, and management expenses, KRW 407,50 per annum) for the Defendant’s burden (in cases of delay in the payment of taxes, public charges, and management expenses, KRW 24% per annum) for the Defendant’s burden (in cases of delay in the payment of taxes, public charges, and management expenses, KRW 50,00,00 and KRW 1,000 per annum1,00,000 per annum) for the Defendant’s obligation to return the leased object, the Defendant paid the lease deposit to the Plaintiff, and subleted the instant real property to C from March 1, 2013.
After delay in the payment of rent and management expenses from January 2013 and from February 2013, the defendant continued to pay the rent and management expenses to the plaintiff.
The Plaintiff notified the termination of the instant lease agreement by serving the instant complaint on the grounds that the Defendant was in arrears with two or more times, and the notice of termination reached the Defendant on May 31, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts, the instant lease agreement was lawfully terminated on May 31, 2013, and the Defendant, barring any special circumstance, delivers the instant real estate to the Plaintiff.