건물명도(인도)
1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The defendant (Counterclaim plaintiff) raised in this court's counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff, as the owner of the third floor 118.57 square meters (hereinafter “instant building”) among the buildings listed in the attached Table list, leased the said building to the Defendants by setting the deposit amount of KRW 6,000,000, monthly rent of KRW 600,000, and the lease term from February 27, 2014 to February 27, 2016. On February 27, 2014, the lease agreement was made between Defendant C and the lessee as D, the representative director of Defendant B (hereinafter “Defendant Company”).
(B) The above lease agreement between the Plaintiff and the Defendants (hereinafter “instant lease agreement”).
Since then, the Defendants did not pay monthly rent. On August 27, 2014, the Plaintiff filed a lawsuit against the Defendants on August 27, 2014 against Busan District Court 2014Kadan69043 seeking overdue rent and delivery of the instant building. The said case was referred to the conciliation by Busan District Court 2014Ma21391.
In the above conciliation case, on January 14, 2015, the above court rendered a decision in lieu of conciliation as follows, and the above decision became final and conclusive on February 4, 2015.
1. The Plaintiff and the Defendants:
A. Ascertainment that the term of the real estate lease agreement on the instant building concluded with the Plaintiff under the name of D is from February 27, 2014 to February 27, 2017;
B. It is confirmed that the actual lessee of the above real estate is the Defendants.
2. The Defendants are jointly and severally liable to the Plaintiff.
A. By January 30, 2015, a sum of the rent for the unpaid month from March 2014 to December 2014 with respect to the pertinent real estate shall be paid 2.5 million won (where the Defendants do not pay the said money by the payment date, an amount calculated by adding 20% per annum from the date following the said payment date to the date of full payment).
(b) from January 1, 2015 to 1-a.
Monthly rent of 600,000 won shall be paid for the duration of the lease specified in the paragraph.
3. The plaintiff waives the remaining claims.
4. The costs of lawsuit and the costs of mediation shall be classified respectively;