건물명도
1. The Defendant (Counterclaim Plaintiff) is from 30,000,000 to 30,000 won from the Plaintiff (Counterclaim Defendant) on the attached list from September 15, 2016.
1. Facts of recognition;
A. On December 3, 2010, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) stipulating that the instant real estate shall be leased KRW 30 million, monthly rent KRW 900,000,000, and the lease term shall be from January 15, 201 to January 14, 2016 (hereinafter “instant lease agreement”).
The special terms and conditions of the lease agreement (No. 3, No. 2) prepared at the time of the instant lease agreement include the following: “A lessor is not obligated to pay for the premium for facility investment of a lessee, but the lessor is allowed to recognize the lessor’s demand for the third lessee after the lease agreement (limited to the lease period expires and the lessee’s rent is paid after the expiration of the lease period).”
B. From February 16, 2011, the Defendant operated a coffee store with the trade name “D” from the instant real estate.
C. On January 24, 2013, the Plaintiff purchased the instant real estate from C, and succeeded to the lessor’s status by acquiring ownership of the instant real estate on February 18, 2013.
On December 11, 2015, the Plaintiff sent the content-certified mail (Evidence A 4) stating delivery of the instant real estate to the Defendant by January 14, 2016, which is the term of lease stipulated in the instant lease agreement, on the grounds that there was no intent to renew the instant lease agreement to the Defendant. The said content-certified mail reached the Defendant around that time.
E. On February 16, 2016, the Defendant deposited the Plaintiff as the principal deposit, KRW 1.8 million, the sum of the rent for January 2016 and February 2016, KRW 1.8 million, the sum of the rent for March 14, 2016 and April 2016, KRW 1.8 million, the sum of the rent for May 2016 and June 201, KRW 1.8 million on August 16, 2016, and KRW 1.8 million on the aggregate of the rent for July and August 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, 4, Eul evidence 2, 5, 8, 9, Eul evidence 7-1, 2-2, witness C's testimony, witness E's testimony, part of witness E's testimony, and the purport of whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Determination as to the cause of the claim