건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) receives KRW 50,000,000 from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. 1) Real estate listed in the separate sheet (hereinafter “instant building”)
(A) On October 27, 201, the Plaintiffs sharing shares in the shares of Eul 1/2 are 257.60 square meters and 257.60 square meters and 257.60 square meters and 4 stories among the instant building between the Defendant and the Defendant (hereinafter “instant real estate”).
A) A lease agreement was concluded between KRW 50 million, monthly rent of KRW 3.5 million (excluding value-added tax), and the period from October 27, 2011 to October 27, 2013. Paragraph (3) of the said lease agreement states that “The amount of KRW 500,000 shall be increased from October 25, 2012.” Since the said lease agreement was renewed, the Plaintiffs entered into a lease agreement between the Defendant and KRW 50 million, monthly rent of KRW 4,500,000 (excluding value-added tax), and the period from October 27, 2017. Paragraph (5) of the said lease agreement stipulates that “The amount of the said lease agreement shall be increased from October 25, 2012 to October 27, 2016.”
(hereinafter referred to as “instant lease agreement” in total, including the lease agreement dated October 27, 201 and the lease agreement dated July 6, 2016.
On July 25, 2017, the Plaintiffs sent to the Defendant a letter verifying the purport that the instant lease agreement will terminate upon the expiration of the period of validity on October 27, 2017, while disclosing the Defendant’s intent to refuse to renew the instant lease agreement, which was served on the Defendant on July 26, 2017.
C. The defendant is operating a Gosiwon in the real estate of this case until now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on October 27, 2017, and thus, the Defendant shall deliver the instant real estate to the Plaintiffs, barring any special circumstance.