손해배상(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 9, 2010, the Plaintiff: (a) extended the part that the former owner of the apartment of this case, E, a former owner of the apartment of this case, was used as the village bank of the apartment of this case; and (b) extended the said apartment room to the Defendant around September 9, 2010.
hereinafter referred to as "the rooftop room of this case"
30,000,000 won, monthly rent of KRW 350,000 (the 30th of September, 201, and the 24th of September, 30, 2010, hereinafter referred to as the "lease Agreement" refers to the lease agreement in this case.
(B) On September 30, 2010, the Defendant delivered the instant apartment room to the Defendant. B. From November 2011 to April 2012, the Defendant did not pay for the period of six months. On April 23, 2012, the Plaintiff sent to the Defendant a certificate indicating his/her intention to terminate the instant rental contract on the ground of the delinquency in rent, and the said certificate was served on the Defendant at that time. (c) At that time, the instant apartment was served on D on September 9, 2013. The ownership transfer registration for the instant apartment was completed on the ground of the sale by voluntary auction. The Defendant received KRW 15,936,239 in the said auction procedure. [In the said auction procedure, there is no dispute over the grounds for recognition, each entry in the evidence No. A, No. 1, 2, and 4, and the purport of the entire pleadings, as a whole.
2. The assertion and judgment on the main claim
A. The Plaintiff’s assertion is that the Defendant paid the Plaintiff the overdue charge from November 1, 201 to April 23, 2012 under the instant lease agreement, and the Defendant is obligated to return the Plaintiff’s unjust enrichment equivalent to the rent from the day following the termination thereof until May 22, 2014.
B. According to the facts of the above recognition on the claim for arrears of the first lease contract, the instant lease contract is concluded on April 23, 2012, by which the Plaintiff’s declaration of intent to terminate the instant lease contract is delivered to the Defendant on the grounds of at least two years of delay of rent.