건물명도등
1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) B and Defendant C deliver real estate listed in the separate sheet.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 25, 2012, the Plaintiff leased to Defendant B real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the lease deposit of KRW 10 million, monthly rent of KRW 500,000 (payment on June 16, 2012), from June 16, 2012 to June 15, 2014 (hereinafter “the instant lease”). In this case, the Defendant C, together with the Defendant B, resided in the leased real estate.
B. However, Defendant B paid only the monthly rent for May 2013 (the rent for residing until June 15, 2013) and did not pay the Plaintiff the monthly rent for June 2013 (the rent for the period of residence from June 16, 2013).
Therefore, even though the Plaintiff sent content-certified mail to Defendant B on February 2014 and expressed his/her intent to cancel the lease of this case, the Defendants did not deliver the instant real estate to the Plaintiff without continuously possessing it.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. According to the facts of recognition as to the claim of the principal claim, the lease of this case is deemed to have been lawfully rescinded by the Plaintiff’s declaration of intent on February 2014, and, on the other hand, if the Plaintiff deducts the unpaid monthly rent of Defendant B with Defendant B’s claim for refund of KRW 10 million,000,000,000, which is the Plaintiff’s holder of the credit, the claim for return of the lease deposit of this case is extinguished by deducting KRW 500,000,000 from June 16, 2013 to February 15, 2015, and thus, Defendant B’s claim for return of the lease deposit of this case is all extinguished by the deduction of KRW 50,000,000,000,000,000 from June 16, 2013 to February 15, 2015. Therefore, the Defendants’ joint possession of the real estate of this case without the right (if the lease deposit is terminated, the right to simultaneous performance claim