건물인도등
1. Of the judgment of the court of first instance, the part concerning the claim for principal lawsuit shall be revoked, and all of the claims of the plaintiff (Counterclaim defendant) shall be revoked.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On December 29, 2008, the Plaintiff leased the lease deposit amount of KRW 20 million to the Defendant from January 1, 2009 to December 31, 2009, the lease deposit amount of KRW 20 million, monthly rent of KRW 800,000 (excluding value-added tax, and payment on the last day of each month) of the real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “the instant building”). The lease contract thereafter changed the lease contract to KRW 80,00,00 in the portion “A” (hereinafter “the instant store”) of the real estate indicated in the separate sheet without any change to any other condition, and the lease contract thereafter changed to KRW 1,2,3,4,00 in the part “A” (hereinafter “the instant store”) connected with each other, each year.
1. 1. A renewed on January 1, 2012 and renewed on December 31 of the same year.
(hereinafter “instant lease agreement”). B.
In around 2010, the land of the Seo-gu Incheon, Incheon, where the instant building is located, was included in the D New Urban Development Project. The Defendant delayed the monthly rent from August 1, 2012 on the ground of the said development project, and the Plaintiff requested the Defendant to terminate the instant lease contract on the ground that the said new urban development project and the overdue charge were delayed on October 2012.
C. On May 13, 2010, the registration of transfer of ownership of the Korea Land and Housing Corporation (hereinafter “Korea Housing Corporation”) was completed on the ground of the acquisition of land for public use by consultation. On December 31, 2012, the Plaintiff entered into an agreement on compensation for obstacles (hereinafter “instant agreement”) with the Korea Housing Corporation to mainly include the following matters with respect to the instant building. On January 10, 2013, the registration of transfer of ownership claim was completed on December 31, 2012.
The compensation for the building of this case shall be determined as KRW 295,77,050, and 226,199,350 among them shall be paid immediately, and three lessees, including the defendant, who is equivalent to 10% of the remaining compensation of KRW 69,57,700, which is equivalent to 10% of the compensation.