대지인도 및 건물명도 등
1. As to the plaintiff (Counterclaim defendant) among the counterclaim part of the judgment of the court of first instance (the part on the claim for refund of lease deposit).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 25, 2001, the Plaintiff entered into a first lease contract and newly constructed the instant building (hereinafter “instant land”) with the Defendant, and the Defendant, on September 25, 2001, shall be deemed to have known of the violation of Article 496 square meters in Seo-gu, Seoan-gu, Seocheon-gu, Seoan
(2) As to the instant land, the Defendant entered into a lease agreement with the content of the first lease agreement with the Defendant to return the instant land to the Plaintiff after the expiration of the contract, with the purpose of using the building as a restaurant by constructing a new building at his own expense on the instant land, including KRW 30,00,000, monthly rent of KRW 3,000,000, and the lease period of KRW 3,000 from October 15, 201 to October 15, 2006. (2) The Defendant agreed that the building newly constructed on the instant land shall be returned to the Plaintiff after the expiration of the contract. After the Defendant received the instant land, the Defendant newly constructed a new building at its own expense of KRW 30,00,00,000, KRW 3,000, KRW 3,000, and the approval for the use of each of the instant building on December 15, 2001, and received the registration for preservation of ownership from the Daejeon District Court.
The Defendant has operated a restaurant in the name of “D” in the instant building.
B. On October 4, 2006, the original Defendant concluded a second lease agreement with the effect that the first lease agreement shall be renewed, and the rent shall be the previous rent until April 2007, and shall be increased by KRW 4,00,000 per month thereafter, and the contract term shall be from November 1, 2006 to October 31, 2008 (24 months) and the Plaintiff shall return all the buildings, facilities (the interior part) to the Plaintiff after the expiration of the contract.
C. The original Defendant, who entered into a third lease agreement, shall again renew the second lease agreement, and the term of the contract on November 1, 2008 shall be 18 months until April 30, 2010, and shall be extended by December 31, 2010 in the absence of any special reason. Therefore, the third lease agreement provides that the term of the contract shall be restored to its original state after the expiration of the term of the contract (site condition).