지상물철거 및 대지인도
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).
1. The reasons for the court's explanation concerning this case are as follows, the "the entire judgment of the plaintiff" in the last sentence of the judgment of the court of first instance shall be deemed to be "the entire judgment of the court of first instance", "the judgment of the court of first instance" in the fourth part shall be deemed to be "the judgment of the court of first instance", "the judgment of the court of second part" in the fourth part shall be deemed to be "the judgment of the court of second part", "the judgment of the court of second part" in the second part shall be deleted, "the judgment of the court of second part" in the second part to "the judgment on the claim of second part" in the second part, and the part of "the conclusion of the court of second part to 12."
【Additional Judgment-Making Matters】
3. The fact that the Defendant: (a) concluded a lease agreement with the Plaintiff regarding the claim for counterclaim; (b) concluded the said lease agreement with the Plaintiff, stating that “the Defendant shall pay KRW 5,00,000,000 to the Plaintiff after the expiration of the lease term until the end of February 201; and (c) paid KRW 5,00,000 to the Defendant at the time of completion of the restoration to the original state; (d) the Defendant, around January 12, 2013, removed the instant factory buildings and machinery and delivered each of the instant land to the Plaintiff; and (e) the Defendant did not pay rent 1,00,000,000 to the Plaintiff from December 1, 2012 to December 31, 2012; and (e) provided that the Defendant’s declaration of intention set off the Plaintiff’s above deposit and the Plaintiff’s claim with the aforementioned return to the Defendant’s claim by delivery of a preparatory document as of January 9, 2014.
Therefore, the Plaintiff is obligated to pay to the Defendant the deposit amounting to KRW 4,00,000 ( KRW 5,000,000-1,000) and damages for delay calculated at each rate of 5% per annum as stipulated by the Civil Act from January 13, 2013 to March 11, 2015, which is the delivery date of a duplicate of the counterclaim of this case from January 13, 2013, and 20% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
2. Conclusion.