건물명도
1. Of the judgment of the court of first instance, the Defendant-Counterclaim Plaintiff’s appeal regarding the part of the counterclaim claim is reduced or expanded at the trial and the trial.
1. The scope of the judgment in this Court claimed the payment of the rent, management fee, etc. in arrears as the principal lawsuit. The Defendant, as a counterclaim, sought payment of the rent, management fee, etc. in arrears that the Plaintiff seeks as the principal lawsuit after deducting the rent, management fee, etc. that the Plaintiff seeks as the principal lawsuit. The first instance court dismissed the Plaintiff’s principal claim and partly accepted the Defendant’s counterclaim.
Accordingly, only the defendant appealed on the part of the first instance court's counterclaim claim.
If the first instance court determines a principal lawsuit and a counterclaim by a single judgment, both the principal lawsuit and the counterclaim claims shall be transferred to the court of appeal which is the appellate court, but all the claims for the principal lawsuit which is not subject to a trial of this court are not subject to a trial of this court. Therefore, the subject of a trial of this court is limited to the part of the counterclaim claims
However, under the following, the judgment on the claim of the principal lawsuit shall be stated within the scope required by the logical flow.
2. Facts of recognition;
A. On November 10, 2012, the Plaintiff entered into a lease agreement on the instant building between the Plaintiff and the co-defendants of the first instance court (hereinafter “instant building”) with the co-defendants of the first instance court, Gangnam-gu, Seoul.
(1) The lease deposit amount of KRW 500,000 (50,000 for contract deposit) shall be paid at the time of the contract, and the remainder of KRW 450,00,000 shall be paid on November 30, 2012), the monthly rent of KRW 52,00,00 for rent (excluding value-added tax), the management fee of KRW 6,470,00 for rent (excluding value-added tax), and the lease period of KRW 6,470,00 for rent shall be up to January 9, 2015; the lessee shall restore the building of this case to its original state at the time of occupancy after the termination of the contract; the lessor shall complete repair of the defect of the building, such as the machinery, electricity, fire-fighting equipment, elevator and mechanical equipment of this case; and the overdue charge shall be claimed at the rate of February 8, 201 for late payment (Article 3).