건물명도
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. In the first instance trial, the Plaintiff filed a counterclaim by combining requests for the delivery of the instant land portion and for the return of rent or rent equivalent to unjust enrichment. The Defendant filed a counterclaim by combining claims for the return of lease deposit amounting to five million won with the Defendant’s property and mental compensation claims against the Defendant’s product damage, such as water leakage and sewage inflow due to damp, etc., and the Plaintiff’s aforementioned water leakage and dampness, etc., and the Defendant filed a claim for the return of lease deposit with the Defendant upon the lease of the instant land portion and the nonperformance of the repair obligation.
However, among the plaintiff's principal claim, the part of the claim for delivery was accepted, and the part of the claim for unjust enrichment equivalent to rent or rent was partially accepted, and all of the defendant's counterclaim claims were dismissed. Accordingly, only the defendant filed an appeal against the counterclaim, and then withdrawn the part of the claim for return of lease deposit in the trial.
Therefore, the portion of each claim for damages except for the portion of the claim for the refund of deposit for lease deposit of five million won among the counterclaim claims is subject to the judgment of this court.
2. Basic facts
A. On October 18, 2013, the Plaintiff: (a) leased the instant stratoon portion owned by the Defendant to the Defendant by setting the lease deposit amount of KRW 5,000,000; (b) KRW 450,000 per month of rent; and (c) from October 31, 2013 to October 30, 2015 during the lease term.
(hereinafter “instant lease agreement”). B.
On October 31, 2013, the Defendant received delivery of the part of the instant ground floor, and installed partitions for the purpose of office and warehouse. From that time, the Defendant operated a business to manufacture and sell the Mods, leathers, and bags with the trade name “C” from the instant ground floor from that time.
C. However, as the Defendant paid a two-month rent in arrears, the Plaintiff did not pay the rent by not later than May 9, 2014, while the Plaintiff did not pay the rent by not later than May 20, 2014.