건물인도 등
1. The Plaintiff (Counterclaim Defendant, the appointed party) and the appointed party jointly share the amount of KRW 2,329,100 to the Defendant (Counterclaim Plaintiff) and the said amount.
1. On the principal lawsuit and counterclaim, the facts of the basis shall be considered together;
A. On February 5, 2014, the Plaintiff and the designated parties (hereinafter referred to as “Plaintiff, etc.”) shared each 1/2 share of the buildings listed in the separate sheet. On February 5, 2014, the Plaintiff and the designated parties jointly owned the buildings listed in the separate sheet with KRW 5 million, monthly rent of KRW 450,000 (including KRW 20,000), and the lease period from February 5, 2014 to February 4, 2016.
On February 5, 2016, the defendant paid the lease deposit to the plaintiff et al. and resided in subparagraph C, and entered into a contract with the plaintiff et al. to renew the lease term by February 4, 2018.
B. On February 5, 2018, the Defendant: (a) entered into a lease agreement with the Plaintiff, etc. on the condition that deposit, rent, etc. are the same as the previous one; (b) however, (c) entered into a lease agreement with the term of the lease from February 5, 2018 to February 4, 2019.
(hereinafter “instant lease agreement”). C.
On May 5, 2018, the Defendant removed from C on May 5, 2018, and did not pay the monthly rent to the Plaintiff, etc. from that time.
[Reasons for Recognition] Facts without any dispute, Gap's 1, 4, Eul's 1 and 2, the purport of the whole pleadings and arguments
2. Determination on the main claim
A. As to the portion of the claim at present, the Plaintiff asserted that the term of lease between the Plaintiff, etc. and the Defendant is up to February 4, 2019 in accordance with the instant lease agreement, and the Defendant delivered No. C to the Plaintiff, etc. on November 2, 2018, the Defendant should pay the Plaintiff, etc. the rent of KRW 2.7 million (=450,000 won x 6 months) from May 5, 2018 to November 2, 2018.
B. On February 6, 2018, the Defendant notified the Plaintiff, etc. of the termination of the lease agreement after the existing lease agreement with the Plaintiff, etc. was explicitly renewed. The instant lease agreement was only made on the pretext at the request of the Plaintiff, etc., and between the Defendant and the Plaintiff, etc.