건물명도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The plaintiff (Counterclaim defendant) and the non-party C (D) jointly share the same.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On June 1, 2007, the Plaintiff and C leased the real estate (hereinafter “the instant apartment”) indicated in the attached Form (hereinafter “the instant apartment”) to the Defendant by setting the deposit amount of KRW 300 million (hereinafter “the instant lease deposit”) and the lease period from August 20, 207 to August 20, 2009 (hereinafter “the instant lease contract”). The Defendant received the said deposit from the Defendant, and delivered the instant apartment to the Defendant.
B. On August 19, 2013, the Plaintiff, C, and the Defendant agreed to terminate the instant lease agreement on August 19, 2013 while maintaining it by renewal even after the expiration of the instant lease agreement.
C. On November 8, 2013, the Plaintiff returned to the Defendant KRW 150 million, half of the instant lease deposit (hereinafter “instant refund”). D.
The Defendant has completed the registration of the right to lease of the instant apartment (hereinafter “the right to lease of this case”) by the Songpa-gu Office No. 641, Jan. 6, 2014, subject to the order of registration of the right to lease of this case by the court 2013Kag266.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleading
2. The parties' assertion
A. The Defendant, which is the cause of the Plaintiff’s principal claim, occupies and uses the instant apartment without authority after November 8, 2013 when the refund was returned from the Plaintiff. As such, the Defendant is jointly with the Plaintiff and the Plaintiff, and the Defendant is paid KRW 150 million after deducting the refund of this case from the lease deposit of this case (hereinafter “the remainder amount of this case”), and delivers the instant apartment at the same time, and (2) follow the registration procedure for cancellation of the lease registration of this case after the receipt of the remainder amount, and (3) is obligated to return the amount equivalent to the bank deposit interest rate on the refund of this case as unjust enrichment.
B. The Defendant, which caused the Defendant’s counterclaim, shall enter into the instant lease agreement.