건물명도등
1. The defendant (Counterclaim plaintiff)'s counterclaim filed by this court is dismissed.
2. The total cost of the lawsuit is a principal lawsuit and a counterclaim.
1. From the first instance trial to the Defendant, the Plaintiff filed a claim for restitution of unjust enrichment equivalent to the monthly rent and the delivery of the said building by the date of termination on the ground that the lease agreement on the building indicated in the attached list (hereinafter referred to as the “instant building,” and the said agreement were terminated on the grounds that the Defendant’s remainder of the deposit deposit and the monthly rent were unpaid.
The court of first instance rejected a claim for return of unjust enrichment equivalent to the monthly rent after the date of closing argument in the court of first instance, and dismissed a claim for return of unjust enrichment equivalent to the unpaid rent and monthly rent by the date of closing argument in the court of first instance, and partly accepted a claim for delivery of the building in this case as the payment of rental deposit and simultaneous performance.
On the other hand, only the defendant appealed the part against the defendant (the part ordering the delivery of the building of this case due to the repayment of rental deposit and simultaneous performance).
Meanwhile, the Defendant filed a counterclaim claiming KRW 20,000,000 in total, and KRW 10,000,000,000, for the reason that the instant lease contract was terminated due to the Plaintiff’s fault.
Then, the plaintiff withdrawn the lawsuit claiming delivery of the building of this case in the court.
Therefore, the scope of this court's adjudication is limited to the above counterclaims filed by the defendant in this court.
2. Judgment on the defendant's counterclaim
A. The summary of the Defendant’s assertion is to pay the remainder of the deposit (70,000,000) under the terms and conditions of Article 2 of the instant lease agreement in the presence of the broker on June 2016.
b. After completion, it was determined as "after the acquisition of the real owner's building/land registration right. (Before lending bank deposit money.)"
When the Plaintiff completes the registration of initial ownership of the instant building by June 2016, the Defendant, the lessee, has the remainder of the deposit from the bank.