건물명도
1. Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim expanded in the trial, shall be amended as follows.
1. Fact that there is no dispute over the cause of the claim, the entries in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings, it is evident that the plaintiff, on September 11, 2012, paid to the defendant the second floor of the buildings listed in the separate sheet, the deposit amount of KRW 10,000,000, monthly rent of KRW 70,000 (payment on October 21, 201) and the lease from October 8, 2012 to October 8, 2014, the original high-priced defendant's water rate of KRW 125,50 on behalf of the defendant, and the fact that the defendant did not pay the second floor of the buildings listed in the separate sheet since 1,2,3,4,6,7,8,12, and 2013 that the plaintiff's intent to terminate the above lease contract has reached the defendant's conclusion of the above lease contract on the ground that the above lease contract was terminated on more than two occasions.
According to the above facts, the above lease agreement was lawfully terminated and terminated on February 4, 2014. Meanwhile, the Defendant’s claim for the refund of deposit was fully deducted from the overdue rent of KRW 5,600,000 for the year 2012 from January to June 2013: KRW 4,500 for the overdue rent of KRW 4,200 for the period from January to June 2013: KRW 74,500 for the overdue rent of KRW 10,000 for the period from July 2013; thus, the Defendant is obligated to deliver the second floor of the instant building to the Plaintiff.
2. As such, the plaintiff's claim extended in the trial of the trial should be accepted for the reasons that it is reasonable. Thus, the plaintiff's claim and incidental appeal should be accepted for the expansion of the claim in the trial of the court of the trial, and the judgment of the court of the first instance should be modified as above. It is so decided as per Disposition.