건물인도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant),
(a) deliver each real estate listed in the separate sheet;
(b) 35,800.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 23, 2013, C, the father of the Plaintiff, entered into a lease agreement with the Defendant, each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”; and, in cases where only the part of the building is specified, “50,000 won” as to deposit money, “2,000,000 won per month (payment on January 20),” “10, 2014,” “24 months from the delivery date of real estate” as of delivery date, and “24 months from the delivery date of real estate” as stated in the separate sheet.
B. After that, C died on or around February 23, 2016. On March 18, 2016, the Plaintiff concluded a lease agreement (hereinafter “the instant lease agreement”) with the Defendant with the terms of “50,000,000 won for each of the instant real estate”, “2,60,000 won for each of the instant real estate (payment after February 20, 2016)” and “from February 20, 2016 to February 20, 2018” (hereinafter “the instant lease agreement”). Article 4 of the said lease agreement stipulates that the lessor may terminate the said lease agreement without delay if the delayed payment by the lessee reaches the amount of rent for the second period.
The special agreement provides that rent shall be deposited into the plaintiff's account as a special agreement.
(c)
Even after the term of lease stipulated in the instant lease agreement expires, the Defendant continues to possess, use, and profit-making each of the instant real estate even after the lapse of the term of lease. Since December 20, 2017, the Defendant did not pay to the Plaintiff the amount of KRW 2,600,000, with the exception of the payment made after March 5, 2018; December 20, 2018; and January 21, 2019, respectively.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 4 (including various numbers if there are several numbers), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Determination as to the cause of the claim 1) According to the above recognition as to the termination of the instant lease agreement, the instant lease agreement is stipulated.