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Reasons
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(영문) 창원지방법원 2015.06.10 2014나783
건물명도등
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1. The defendant-Counterclaim plaintiff's counterclaim filed in the trial is dismissed.

2. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Facts of recognition;

A. From May 30, 2010 to August 20, 2014, the Defendant: (a) completed a real estate lease agreement with the Plaintiff regarding the real estate listed in the separate sheet No. 3 (hereinafter “instant real estate”); (b) paid the Plaintiff KRW 3,00,000 as part of the lease deposit; and (c) occupied the instant real estate from around that time to August 20, 2014.

Real Estate Lease Contract

1. Two-story housing with real estate display: 157 square meters;

2. Electricity tax: 3,00,000 won (2) Monthly rent of 300,000 won.

3. The lease on a monthly basis shall be set at twenty-four months from the date on which the lease on a deposit basis has been made, while the lease on a deposit basis has been made to KRW 5,00,000,000, the lease on a deposit basis shall be settled after the lessee’s circumstances, but the legal interest on KRW 2,00,000 shall be added to the monthly rent

5. The lessor shall assist in preventing any problem in occupancy;

6. Unregistered matters shall correspond to custom;

B. From June 1, 2010 to June 22, 2011, the Defendant paid to the Plaintiff the rent as indicated in the attached Table 1 “The details of the rent payment 1” as the name of the instant lease. From July 1, 2011 to May 30, 2013, the Defendant paid the rent in the name of Nonparty D or the joint name of the Defendant and D, as shown in the attached Table 2 “The details of rent 2” from July 1 to May 30, 2013.

C. In addition, the Defendant paid KRW 2,000,000 to the Plaintiff KRW 1,00,000 on May 16, 2011, and KRW 1,000,000 on June 7, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, Eul evidence 1 to 22, Eul evidence 7-1 to 6, Eul's testimony, and the purport of whole pleadings

2. Even if a party to a judgment on a claim for a principal lawsuit appeals only against a part of the judgment of the court of first instance, the entire claim, which was subject to a judgment of the court of first instance, is indivisible, to the appellate court. However, the scope of the appellate court’s judgment is limited to the scope of the appeal filed

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