건물인도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the buildings listed in the separate sheet;
B. On July 21, 2019
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. In around 2008, the Plaintiff leased to the Defendant the real estate indicated in the separate sheet (hereinafter “instant building”).
The defendant has been residing in the building of this case since the above time.
B. On December 6, 2018, the Plaintiff sent a content-certified mail to the Defendant that the said lease contract is terminated on the grounds of not less than two years of default on rent, and the declaration of intention of termination reached the Defendant around that time.
【Ground for recognition】 The fact that there is no dispute, Gap’s evidence No. 2, and the purport of the whole pleading
2. Summary of the parties' arguments
A. On October 21, 2008, the Plaintiff leased the instant building to the Defendant KRW 2 million, monthly rent of KRW 150,000,000 and KRW 200,000,000,000,000,000,000,000,000,000,000,000.
However, since the Defendant did not pay rent from September 2018, the Plaintiff terminated the instant lease contract.
Therefore, the Defendant shall deliver the instant building to the Plaintiff, and shall pay the Plaintiff unjust enrichment equivalent to the rent from September 1, 2018 to the delivery date of the instant building.
B. On December 18, 2008, the Defendant leased the instant building from the Plaintiff KRW 1 million and KRW 100,000 per month, and thereafter there was no difference in the rent thereafter. However, the Defendant first deposited the Plaintiff a deposit of KRW 1 million in addition to KRW 1 million per month, and deposited KRW 50,000,000 in the name of “storage money” in addition to KRW 100,000 per month, and the Defendant paid KRW 10,000,000 as “storage money.” The “storage money” that the Defendant paid to the Plaintiff is currently KRW 102,00,000,000,000,000,000,0000 from time to time, and the Defendant did not repair the instant building properly, and the Defendant paid KRW 1.5 million with the construction cost of the instant building.
3. Therefore, the Plaintiff’s security deposit amounting to KRW 1 million, KRW 10,210,000, KRW 1.5 million, KRW 1.5 million, KRW 5 million, and KRW 5 million, respectively.