건물명도(인도)
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On December 23, 2013, Defendant B entered into a lease agreement with D Co., Ltd. (hereinafter “D”) and the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to E, with respect to the lease deposit of KRW 20 million, KRW 1.3 million per month, and KRW 1.3 million per month from January 31, 2014 to January 30, 2019, with respect to the lease deposit of KRW 40 million, KRW 21 million per month from January 31, 2014, and KRW 40,000,000 for the lease deposit of subparagraph F, and KRW 2.1 million per month from January 31, 2014 to January 30, 2019.
B. On December 23, 2013, Defendant C entered into a lease agreement between D and the instant real estate with respect to the lease deposit of KRW 30 million, KRW 1.8 million per month of rent (excluding value-added tax), and between January 31, 2014 and January 30, 2019.
(hereinafter referred to as “instant lease agreement” in entirety.
The Plaintiff purchased the instant real estate from D on January 5, 2018, and completed the registration of ownership transfer by the Incheon District Court No. 44215, Feb. 5, 2018.
On July 26, 2018, the Plaintiff sent to the Defendants a certificate of content that the lease contract is terminated on January 30, 2019.
[Ground for recognition - Unsatisfy, Gap evidence 1 to 4 (including each number; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. The Plaintiff asserts that since the instant lease agreement expired on January 30, 2019, the Defendants shall deliver the instant real estate to the Plaintiff, and that Defendant B shall pay KRW 3,027,427 and Defendant C shall pay KRW 94,538 at the cost of restitution.
However, the Plaintiff received the instant real estate from the Defendants on November 201, 2019, prior to the closure date of the pleadings of the instant case, and the fact that the Plaintiff received the said restitution from the Defendants on November 28, 2019 by returning lease deposit after deducting the respective restitution costs from the Defendants.