임차권존재 확인 청구의 소
1. The Plaintiff (Counterclaim Defendant) is written in the annexed sheet from June 11, 2016 to KRW 700,000,000 from the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 28, 2012, the Plaintiff entered into a lease agreement with Nonparty B to lease the buildings listed in the separate sheet (hereinafter “instant commercial building”) with the term of lease from April 10, 2013 to April 9, 2016 (hereinafter “the first lease agreement”).
B. After the first lease agreement, the Plaintiff and Nonparty B agreed to change the lease period from June 1, 2013 to June 10, 2016, the Plaintiff’s oral lease period from June 11, 2013 to the late occupancy of the Plaintiff. The Plaintiff completed the registration of the establishment of chonsegwon in the name of the Plaintiff (hereinafter “registration of the establishment of chonsegwon”) with respect to the instant commercial building as the receipt No. 78340, Jun. 12, 2013 by Cheongju District Court Decision 78340, Jun. 12, 2013.
C. On December 26, 2014, the Defendant donated the instant commercial building from B and completed the registration for transfer of ownership. On January 9, 2015, between the Plaintiff and the Plaintiff, the rent and deposit with respect to the instant commercial building shall be subject to the same conditions as the first lease contract, and on January 9, 2015, the term of lease shall be from January 9, 2015 to April 9, 2016, hereinafter referred to as “the instant lease agreement”).
D. D.
At the time of entering into the instant lease agreement, the Plaintiff and the Defendant agreed to succeed to all rights under the first lease agreement as it is. However, among the special terms of the first lease agreement, the Plaintiff and the Defendant decided to pay that only the deposit bank account such as rent, management expenses, value-added tax, etc. is changed to the Defendant’
E. On January 28, 2016, the Defendant notified the Plaintiff that the instant lease agreement was terminated on April 9, 2016, and reached the Plaintiff’s intent around that time. On March 7, 2016, the Plaintiff sent the content-certified mail demanding the renewal of the instant lease agreement to the Defendant and sent it to the Defendant on the following day.
F. The Defendant on April 5, 2016