건물명도
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the separate sheet No. 1 among the first floor of the building listed in the separate sheet No. 1, 2.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On May 7, 2015, the Plaintiff entered into a lease agreement with the Defendant on the part 20.79 square meters of the “A” portion on the attached list No. 1, 2, 3, 4, and 1, among the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant store”) with respect to “The lease deposit of KRW 10 million, KRW 500,000,000,000 for rent, and KRW 10,000,000 for rent, from May 11, 2015 to May 11, 2017. At that time, the Plaintiff received from the Defendant the above lease deposit amount of KRW 10,000 from the Defendant and delivered the instant store to the Defendant.
On May 11, 2017, the expiration date of the above lease term, the Plaintiff entered into a lease agreement with the Defendant (hereinafter collectively referred to as the “instant lease agreement”) by modifying the lease term from May 11, 2017 to May 10, 2019 (24 months).
B. From the time when the instant store was delivered pursuant to the instant lease agreement, the Defendant operated a subdivision at the said store. From May 10, 2019, the Defendant delayed the rent of KRW 2.5 million for a total of five months (=500,000,000) until May 10, 2019.
[Ground of recognition] Evidence Nos. 1, Eul Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. According to the above facts, the instant lease contract was terminated upon the expiration of the lease term on May 10, 2019, and thus, the Defendant, the lessee, is obligated to deliver the instant store to the Plaintiff, the lessor.
Therefore, the plaintiff's claim for the delivery of the store of this case is justified.
B. The Plaintiff also sought a payment of KRW 2.5 million to the Defendant in arrears, but as seen thereafter, the above overdue rent is deducted from the Plaintiff’s obligation to return the lease deposit against the Defendant, and thus, the Plaintiff’s above claim is rejected.
C. In addition, the Plaintiff is equivalent to KRW 500,000 per month from May 11, 2019 to the completion date of delivery of the instant store.