건물명도(인도)
1. The part of the Plaintiff’s request for delivery of a building shall be dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On December 17, 2009, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in attached Form 1 (hereinafter “instant store”) to the Defendant by setting the lease deposit amount of KRW 400,000,000, monthly rent of KRW 600,000 (in addition to value-added tax, for the first day from the contract period), KRW 25,000 per average management fee, and KRW 25,00 per average management fee, from May 1, 2010 to April 30, 2015 (hereinafter “the instant first lease agreement”).
B. On May 1, 2010, the Defendant received the instant store from the Plaintiff, and performed internal facility works, such as the entry in the attached Table 2 list (hereinafter “instant facility works”). From that time, the Defendant operated a sexually outdoor hospital with the trade name “C” at the instant store from that time.
C. On July 14, 201, the Plaintiff and the Defendant changed the terms of the instant initial lease agreement into KRW 100,000,000,000, which deducted the unpaid lease deposit of KRW 82,000,000 from the unpaid lease deposit and the overdue rent and management fee of KRW 82,00,000, which are the amount of KRW 82,000,000, monthly rent and management fee, and KRW 8,120,000 (excluding value-added tax), respectively.
On January 1, 2014, the Plaintiff and the Defendant changed the terms and conditions of the instant initial lease agreement, as seen above, to “the monthly rent of KRW 8,00,000 (excluding value-added tax)” and to exempt management expenses (from January 1, 2014 to April 30, 2015) during the remaining lease period (from January 1, 2014 to April 30, 2015), respectively.”
E. The instant initial lease agreement (hereinafter “instant lease agreement”) revised as above was implicitly renewed even after April 30, 2015, and the Plaintiff sent to the Defendant on March 3, 2017, a certificate stating that “The contract date for the instant store terminates on April 30, 2017. Accordingly, without extending the contract for the instant store, the Plaintiff sent to the Defendant a certificate stating that “The contract date for the instant store terminates on April 30, 2017.”