건물명도 등
1. The Defendant successively connects the Plaintiff with each point of the attached list 1, 2, 3, 4, and 1.
1. On April 13, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “lease agreement”) with the Defendant setting a period of KRW 10 million from April 28, 2014 to April 27, 2017 with respect to the bathing part of the first and second floors (hereinafter “the instant building”) and the third floor healthcare (hereinafter “health part”) (hereinafter “the instant lease agreement”).
- The Defendant was exempted from the Plaintiff as the monthly rent of July 2014 and August 2 of the same year, since the Defendant operated the bath and health care center on delivery.
- Around September 2014, the Defendant agreed with the Plaintiff regarding the bath part among the leased objects of this case and did not operate the said lease contract any longer, and was paid KRW 10 million from the Plaintiff around that time.
- As of the closing date of pleadings, the sports organization established by the Defendant still remains.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2-1 and 2-2, and the purport of the pleading
2. The assertion and judgment
A. The gist of the parties’ assertion is that the Plaintiff terminated the instant lease agreement on the part of the health room on the grounds of the Defendant’s delinquency in rent, sought the delivery of the above part of the health room, and there is no difference between the Defendant and the Defendant paid the monthly rent agreed upon after the instant lease agreement, thereby seeking the payment of the overdue rent and the unjust enrichment on the rent.
In this regard, the defendant asserted that the plaintiff's assertion about overdue rent is without merit, since the defendant agreed at the time to lease a bath part at the time when the defendant agreed on the lease of a bath part between the plaintiff and the plaintiff.
B. (1) Although there is a dispute as to the grounds for termination of the instant lease agreement on the part concerning the claim for delivery of the healthcare part, the Defendant’s health part.