건물명도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the real estate listed in the separate sheet;
(b) gold 19,140.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence 1, Gap evidence 2, Eul evidence 3-1, Eul evidence 3-2, and Eul evidence 3-2, and there is no counter-proof.
On November 23, 2015, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a lease agreement with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) to lease real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) by setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 6,380,000, and the lease term of KRW 6,380,00, and December 8, 2017 (hereinafter “instant lease agreement”).
B. According to the instant lease agreement, in cases where monthly rent equivalent to the three-term rent is overdue, the lessor may terminate the instant lease agreement. By May 7, 2016, the Defendant did not pay KRW 19,140,000 for the monthly rent equivalent to the three-month rent out of the monthly rent under the instant lease agreement until May 7, 2016.
C. On May 13, 2016, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated on the grounds of the monthly payment of rent, and on May 16, 2016, the said content-certified mail was delivered to the Defendant.
2. As to the plaintiff's assertion, the plaintiff asserts that since the lease contract of this case was terminated as the principal suit, the defendant is obligated to deliver the building of this case to the plaintiff and pay unjust enrichment equivalent to the unpaid rent and the rent by the date of completion of delivery.
In light of the above facts, the lease contract of this case was terminated on May 16, 2016 due to the Defendant’s failure to pay monthly rent. Thus, the Defendant delivered the building of this case to the Plaintiff as a result of termination of the lease contract, and delivered the copy of the complaint of this case to the Plaintiff, which is KRW 19,140,000, which is the unpaid monthly rent.