건물명도 등
1. The Defendant (Counterclaim Plaintiff) receives KRW 6,381,840 from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On December 17, 2010, the Plaintiff awarded a contract to the Defendant for the new construction of the building indicated in the attached list (hereinafter “instant building”) and completed the registration of ownership preservation on October 24, 201, upon completion of the instant building.
B. From August 2012, the Plaintiff provided the Defendant with the instant underground floor free of charge (hereinafter “instant loan for use”) to a place where the construction section is stored.
C. On October 8, 2014, October 29, 2014, and December 15, 2014, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant loan for use and to seek the delivery of the instant underground floor on three occasions on December 15, 2014, and each of the said items sent to the Defendant around that time.
On October 29, 2014, in case of content-certified mail on October 29, 2014, it is required to deliver by November 10, 2014.
On February 25, 2015, the Plaintiff completed the registration of ownership transfer for the instant building due to sale to A and B.
E. The defendant currently occupies the underground floor of this case as a warehouse.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserts that the instant loan for use was a loan for use without setting the term of existence, for which the period sufficient for the Defendant’s use and profit expired, and that the content-certified mail sent on October 29, 2014 reached the Defendant, and that the instant loan for use was terminated on November 10, 2014, and thus, the Defendant is obliged to deliver the instant underground floor to the Plaintiff.
B. On October 2012, the Defendant entered into a contract for the repair work outside the instant building, which was damaged by typhoons with the Plaintiff, and the construction cost of which does not exceed KRW 6,614,00,00, as the Defendant completed the construction work with the claim for the construction cost of the instant case. As such, the Defendant has the right to occupy the instant underground floor until the payment of the claim for the construction cost of the instant case is made.