건물명도(인도)
All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
Litigation costs shall be the principal lawsuit, ...
1. Facts of recognition;
A. The Plaintiff entered into a lease agreement with C on May 30, 2018 with a view to operating a optical cable waste treatment business (hereinafter “instant lease agreement”). C entered into a lease agreement with C, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 250,000 (excluding value-added tax), from August 15, 2018 to August 15, 2021, with the trade name on May 30, 2018, building E-dong factories and KRW 198,000,000, Fdong (hereinafter “instant factory building” combined with E-dong and Fdong), with the location of the instant factory building, such as G and cable waste treatment business, and received the lease deposit from C00,000,000,000,0000,000 from C around 20,60,000,000 from the instant building pursuant to the instant lease agreement.
In addition, on June 15, 2018, the Plaintiff reported the installation of waste disposal facilities necessary for operating optical waste disposal business in the instant factory building in accordance with the Wastes Control Act.
B. However, on July 11, 2018, the Plaintiff agreed to transfer waste treatment business with G business due to experience in waste treatment business (hereinafter “instant business transfer agreement”) concluded a transfer agreement with the Defendant to transfer all business facilities and rights of G, including the lease right to the instant factory building, shower and female hosting equipment necessary for waste treatment, costs and expenses incurred in installing female hosting machines, and the license necessary for optical cable waste treatment business (hereinafter “instant transfer agreement”), and the main contents are as follows.
The Defendant’s payment method of intermediate payment of KRW 80,00,000 (the contract deposit of KRW 20,000,000 shall be the intermediate payment of KRW 20,000 on July 11, 2018, the intermediate payment of KRW 20,000,000, and the intermediate payment of KRW 40,000 on July 30, 2018, and each payment of KRW 40,000 on August 30, 2018) and the remainder payment method shall be the wastes from the Plaintiff to August 30, 208.