건물명도
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The Defendant (Counterclaim Plaintiff) filed in this Court against the Plaintiff.
In light of the above legal principles, it is reasonable to deem that the appeal period cannot be observed.
Therefore, the defendant's subsequent appeal is a legitimate appeal that satisfies the requirements for the subsequent completion of the litigation.
2. Determination on the main claim
A. 1) On June 10, 2015, the Plaintiff is a building indicated in the separate sheet (hereinafter “instant building”) between the Defendant and the Defendant.
(B) The lease agreement of this case is the lease agreement of this case, which provides that the lease deposit shall be KRW 15 million, monthly rent shall be KRW 1.5 million (repaid on the 15th day of each month), the lease period shall be two years (hereinafter referred to as "the lease agreement of this case").
A) The lease contract made at the time includes the following contents. In the event that a lease contract is terminated under Article 5 (Termination of a Contract), the lessee shall restore the above real estate to its original state and return it to the lessor. In such a case, the lessor shall return the deposit to the lessee, and if the rent or damages are incurred, it shall be removed and the balance thereof shall be refunded. The special agreement provides that the lessee shall not demand the lessor to pay the premium, facility cost, etc. * the lessee shall not demand the lessor at the time of eviction. 2) The Defendant shall pay the Plaintiff KRW 15 million to the Plaintiff, and a restaurant is operated by receiving delivery from the Plaintiff
3) The Defendant paid the monthly rent to the Plaintiff as follows, and did not pay the remainder. The amount of the deposit on the date of the deposit (on June 24, 2015, KRW 1.5 million deposited into the national bank account in the name of the Plaintiff in the name of the Plaintiff on July 18, 2015, KRW 1.5 million deposited into the national bank account in the name of the Plaintiff on September 15, 2015, KRW 4.30,000 won deposited into the national bank account in the name of the Plaintiff on November 15, 2015, KRW 5.20,000 won on November 30, 2015, deposited into the national bank account in the name of the Plaintiff on November 30, 2015, KRW 5.20,000 won on April 15, 2016 to the Plaintiff’s national bank account in the name of the Plaintiff on April 15, 2016.