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(영문) 대전지방법원천안지원 2020.07.08 2019가단120615
건물인도
Text

1. The defendant (Counterclaim plaintiff)'s counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff’s designated party.

Reasons

1. Facts of recognition;

A. On April 3, 2018, the Plaintiff (Appointed Party) and the remaining designated parties leased (hereinafter “instant lease”) buildings listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the deposit amount of KRW 5,000,000, monthly rent of KRW 500,000 (advance payment), and the period from May 10, 2018 to May 9, 2020 (hereinafter “instant lease”).

B. The Defendant paid the foregoing security deposit and used the instant real estate in delivery, and the monthly rent was paid KRW 500,000,000 on September 20, 2018, KRW 500,000 on October 24, 2018, KRW 500,000 on January 9, 2019, KRW 50,000 on September 5, 2019, KRW 500,000 on October 5, 2019, and KRW 300,000,000 on December 5, 2019.

C. On August 16, 2019, the Plaintiff (Appointeds) and the remaining designated parties notified the Defendant that the instant lease contract will be terminated on the ground of the foregoing rent delay.

[Ground of recognition] Facts without dispute, Gap 1 and Eul 2, the purport of the whole pleadings

2. A counterclaim for judgment on a counterclaim shall be filed with the court in which the principal lawsuit is pending, only if the claim that has become the object of the lawsuit is related to the means of a claim or defense of the principal lawsuit, and if such claim does not remarkably delay the litigation procedures, until the pleadings are concluded; and

(See Article 269(1) of the Civil Procedure Act. The cause of the instant counterclaim appears to be the Defendant’s right to claim reimbursement of useful expenses, which the Defendant had already asserted as a defense at the principal lawsuit. However, although the instant principal lawsuit is related to the defense method of the instant lawsuit, the date for a declaration of non- pleadings was designated on March 11, 2020 after the instant principal lawsuit was filed on December 2, 2019, and the Defendant’s written reply submitted on March 9, 2020 was revoked, and all hearings on the principal lawsuit were completed on May 7, 2020 and June 24, 2020, after the date for the conciliation and the date for pleading on June 24, 2020, the Defendant brought the instant counterclaim on June 24, 2020, which is obviously the date for the closing of argument.

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