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Reasons
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(영문) 청주지방법원충주지원 2015.02.05 2014가단2368
건물명도 등
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) order the buildings listed in the separate sheet;

B. 4,000.

Reasons

1. Facts of recognition;

A. On April 30, 201, the Plaintiff entered into a contract on the lease deposit amounting to KRW 5 million, monthly rent of KRW 250,000 (payment on April 30, 201), and the period from April 30, 201 to April 30, 201, and the building indicated in the attached list (hereinafter “instant building”). On the same day, the Plaintiff delivered the instant building to the Defendant, and the Defendant from around that time, while operating a screen golf course in the instant building, has occupied the building after suspending its operation.

B. The Defendant did not pay the rent from September 30, 201, and the Plaintiff notified the Defendant of the termination of the lease agreement after deducting the unpaid rent from the lease deposit if it concluded a renewal contract to the Defendant several times from September 4, 2012.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts found in the judgment on the claim of the principal lawsuit, the lease contract between the Plaintiff and the Defendant was terminated on April 30, 201, and it is evident in the record that the Plaintiff expressed his/her intent to deduct the monthly rent of five million won (=2.5 million won x 20 months) from September 30, 2011 to May 30, 2013, which the Defendant did not pay from the principal claim of this case through the principal claim of this case, and thus, the Defendant ordered the Plaintiff to order the building of this case, and from May 31, 2013 to September 30, 2014, the total of KRW 4 million (=2.5 million x 16 months) from September 30, 2014 to September 21, 2014, computed by the following day of the claim ratio of this case to the total of KRW 1,500,000,000,000 from the record of the claim of this case and the damages.

2.3.

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