건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) is written in the attached Table from February 7, 2017 to KRW 120 million from the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. On February 7, 2005, the Plaintiff and the Defendant entered into a commercial lease agreement with the Defendant on the part of 195.3 square meters inboard connected each point of the attached Table A, B, C, D, and A (hereinafter “instant commercial building”) among the first floor of the building indicated in the attached Table list, with each point of the attached Table Nos. 195.3 square meters (hereinafter “instant commercial building”). The Plaintiff entered into a deposit of KRW 150 million, monthly rent of KRW 6 million, and payment date of the commercial lease agreement with the Defendant on the seventh day of each month.
(hereinafter “instant lease agreement”). B.
On February 7, 2013, the Plaintiff and the Defendant: (a) renewed the instant lease agreement; (b) KRW 120 million; (c) KRW 5.2 million; (d) KRW 5.2 million; (e) management expenses; (e) KRW 440,00; (e) monthly payment date; and (g) February 7, 2013 through February 6, 2015; and (e) thereafter, the term of the instant lease was extended to February 6, 2017 under the same condition as the instant lease was implicitly renewed.
(Totals of the above monthly rent and management costs are KRW 6,204,00, including value added tax).
On October 14, 2016, prior to the expiration of the instant lease agreement, the Plaintiff sent to the Defendant a document evidencing the purport that the Plaintiff had no intent to renew the instant lease agreement and requested the Defendant to pay the monthly rent that has not been paid. The said mail sent to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the principal claim, the instant lease contract was terminated on February 6, 2017 due to the expiration of the term, and thus, the Defendant is obligated to receive the remaining money from the Plaintiff after deducting the amount calculated by the rate of KRW 6,204,00 per month from February 7, 2017 to the completion date of the delivery of the instant commercial building from the amount of KRW 120 million to February 7, 2017.
B. The Defendant asserted the counterclaim 1, as to the instant commercial building upon the termination of the instant lease agreement, is against the Plaintiff.