건물명도(인도)
1. The Defendant and the Defendant (Counterclaim Plaintiff) are the Plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) Jointly, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 1, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C, an agent of Defendant B, by setting the lease deposit amount to KRW 5,00,000, monthly rent of KRW 550,000, and the term of lease from April 8, 2016 to April 7, 2018.
B. At the time of the instant lease agreement, the Plaintiff and Defendant B agreed to the lessee to accept the water supply of the building at the time of the instant lease agreement, and confirmed that “electric shall be 30kW supply key” with respect to the facilities of the leased object.
C. Defendant C is the mother of Defendant B, and is operating a factory in the instant building in accordance with the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, 2-2, Eul evidence 5-1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that Defendant B terminated the instant lease on the ground that he had not been able to pay more than two occasions the rent of the instant lease, and sought a return of unjust enrichment equivalent to the overdue rent and the overdue rent of the instant building against Defendant B, the lessee of the instant lease, and Defendant C, who occupied and used the instant building based on the instant lease.
B. As to this, the Defendants’ claim against Defendant C is without merit, and the Plaintiff did not pay the rent because the Plaintiff delayed the construction of electric installations and water supply facilities of 380kW and did not perform the obligation to use and provide profit from the leased object of this case due to the defect in water leakage of the leased object of this case. Accordingly, the Plaintiff’s claim is without merit, and Defendant C sustained damages equivalent to KRW 90,000,000 for seven months due to the Plaintiff’s nonperformance of obligation as above.
3. Determination
A. Determination on the ground of the claim on the principal claim shall be made.