건물명도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Attached 1. Attached Form 2.2, among the real estate 95.25 square meters on the 1st floor listed in the list.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 23, 2009, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the [Attachment 1] List (hereinafter “instant building”).
B. On October 2, 2014, the Plaintiff and the Defendant entered into a lease agreement with the Defendant by setting the term of contract from October 9, 2014 to October 8, 2016, on the leased premise of 47 square meters in the ship connecting each point of the drawings 1, 2, 3, 8, and 1 of the attached Table 2, among the first floor of the instant building, to be paid at the second day of each month the deposit amount of KRW 5 million and the monthly rent of KRW 6 million.
(hereinafter “instant contract”). C.
The Defendant: (a) set up and leased the use of the instant store as “ beauty art business”; (b) from October 9, 2014 to October 9, 2014, the Defendant operated the 24 cosmetic beauty room in the name of “C” at the instant store.
By April 9, 2015, the Defendant paid the monthly rent of KRW 3,545,350,000 as follows:
Date (won) Amount of November 11, 2014. 545,350 on January 9, 2015. 300,000 on March 27, 2015. 60,000 on May 13, 2015. 2, 100,000 on the aggregate 3,545,350
E. On July 9, 2015, the Plaintiff notified the Defendant of the overdue payment for three months from April 10, 2015 to July 9, 2015.
On July 27, 2015, the Plaintiff notified the Defendant that the instant contract was terminated on the grounds of the Defendant’s delay of rent.
[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 and 6, and the purport of the whole pleadings
2. The parties' assertion
A. Since the contract of this case was terminated on the ground of the plaintiff's delinquency in rent, the defendant must deliver the store of this case.
When deducting the overdue rent from the deposit, the defendant did not pay it from December 20, 2015 to December. 20.
The defendant shall pay the unjust enrichment equivalent to the rent calculated at the rate of 600,000 won per month until the completion date of delivery of the store of this case.
B. The Plaintiff as the lessor on January 3, 2015.