건물철거금지
1. The plaintiff (Counterclaim defendant) shall deliver to the defendant (Counterclaim plaintiff) the second and third floors among the buildings listed in the separate sheet.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 20, 2016, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) leased the 2nd floor of the instant building, among the instant buildings, from C, the former owner of the building listed in the separate sheet (hereinafter “instant building”) to February 29, 2018. On August 23, 2016, the Plaintiff leased the 2nd and the 3nd floor (hereinafter “instant private teaching institute building”) from March 1, 2016 to August 31, 2016, with the term of lease fixed from March 1, 2016 to February 29, 2018. On August 23, 2016, the Plaintiff used the 2nd and the 3nd floor (hereinafter “the instant private teaching institute”) as the place where the pertinent building was registered as the private teaching institute (hereinafter “the instant lease”).
B. On August 4, 2018, an agreement was reached between the Plaintiff and C by changing the monthly rent of KRW 490,000 and the term of lease to August 31, 2020.
C. The Defendant completed the registration of ownership transfer on January 20, 2019 for the instant building on the ground of sale and purchase on July 27, 2019, as a housing association for which the authorization for establishment of housing association has been obtained from the Nam-gu Seoul Metropolitan City office around July 2017 pursuant to the Housing Act in order to implement multi-family housing projects in the Nam-gu Seoul metropolitan city E.
On June 17, 2019, the Defendant reported the removal of buildings, etc. located in the project site including the instant building to the Nam-gu Office of Gwangju Metropolitan City, and the said report was accepted, the Defendant started the construction of removing the neighboring buildings of the instant building, and installed a vision for the progress of removal works, etc. on the outer wall of the instant building.
E. In order to prevent the removal of the instant building on August 7, 2019, the Plaintiff filed an application against the Defendant for provisional injunction against the removal of the building as the Gwangju District Court 2019Kahap176, and on September 9, 2019, the Defendant filed an application against the Plaintiff for provisional injunction against the removal of the building as the above court 2019Kahap50473 against the Plaintiff.
The above court of Korea on 2019.