beta
Text
1. The Defendant (Counterclaim Plaintiff) written from the Plaintiff (Counterclaim Defendant) an amounting to KRW 35,00,000 to KRW 18, 2019, as set forth in the attached Table from January 18, 2019.
Reasons
1. Basic facts
A. On February 26, 2010, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 35 million, KRW 1 million per month, and the period from March 10, 2010 to March 9, 2012 (hereinafter “instant lease contract”). The Defendant paid the said lease deposit to the Plaintiff, and operates a real estate brokerage office upon delivery of the instant building. The instant lease contract was renewed several times, and the period was changed from March 10, 2016 to March 9, 2018.
B. On December 14, 2017, the Plaintiff sent a written notice to deliver the instant building by March 9, 2018, because the Plaintiff had no intent to extend the instant lease agreement to the Defendant.
C. On February 12, 2018, the Defendant sought a new lessee and prepared a premium contract in accordance with Article 10-4 of the Commercial Building Lease Protection Act to the Plaintiff. As a new lessee and a lease contract have become null and void, the Defendant sent a written notification to cooperate with the Plaintiff in order to prevent any problem in collecting premium.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 12-2, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the instant lease contract was terminated on March 9, 2018.
Therefore, barring any special circumstance, the Defendant is obligated to receive, as the Plaintiff seeks, the remainder of the rent calculated by deducting unjust enrichment from January 18, 2019 to the completion date of delivery of the building of this case from the rent of 1.2 million won per month as the Plaintiff seeks, and simultaneously deliver the building of this case to the Plaintiff, barring any special circumstance. Therefore, the Plaintiff’s assertion on the claim for principal lawsuit is with merit.
B. The Defendant, following counter-claim, has the instant building until the Plaintiff is compensated for damages equivalent to the premium.