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Reasons
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(영문) 수원지방법원성남지원 2016.04.08 2015가단26077
건물인도
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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. On April 15, 2014, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) to the Defendants, with the lease deposit of KRW 10,00,000, KRW 700,000, KRW 700,000, and the lease period from April 16, 2014 to April 15, 2016.

(hereinafter “instant lease agreement”). B.

The Defendants shall pay the Plaintiff the lease deposit amount of KRW 1,00,000,000 on April 15, 2014; and KRW 7,90,000 on April 16, 201; and

5. October 1, 100 won including KRW 9,900,000,000, and the Plaintiff paid 100,000 for the remainder of the lease deposit.

C. Thereafter, the Defendants paid only the Plaintiff KRW 6,260,00 as rent, KRW 680,00 on May 21, 2015, KRW 4,180,00 on October 28, 201 of the same year, KRW 400,00 on March 5, 2015, KRW 300,00 on March 13, 13,000 on the same month, and KRW 70,000 on March 28, 200 on the same month, and did not pay that amount any further.

On August 18, 2015, the Plaintiff sent to the Defendants a certificate of content that the instant lease agreement is terminated on August 26, 2015, without paying the overdue charge by August 25, 2015. Around that time, the Plaintiff was served on the Defendants.

E. On November 2015, the Defendants: (a) placed the entrance door of the instant building at another place; (b) notified the Defendants of the number and the password of the entrance, and (c) requested the Defendants to return the key to the said door several times; and (d) rejected it until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the judgment on the claim of the principal lawsuit, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of not less than two years of arrears around August 18, 2015, and thus, the Defendants, who had temporarily occupied the entrance door of the instant building, are obliged to deliver the instant building to the Plaintiff.

3. Judgment on a counterclaim

A. The defendants' assertion.

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