건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 10, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff with regard to the part (B) of the attached specification (hereinafter “the leased object of this case”) (hereinafter “the leased object of this case”), which connects each point of which is indicated in the attached specification No. 1, 2, 9, 10, and 1, among the buildings listed in the attached Form (hereinafter “instant building”) and connects each point of which is indicated in the attached specification No. 4, 5, 6, 7, and 4, such as the part on the ship (A), and runs a bicycle retail business from the leased object of this case to November 1, 2015.
B. On February 2017, the Plaintiff explained to the Defendant that the instant building will be destroyed and the new building will be set up, and requested the termination of the instant lease agreement, and the Plaintiff would give KRW 15 million on delivery of the leased object by the end of March 2017.
C. On February 6, 2017, the Defendant entered into a lease agreement with D, the owner of the building located near the instant building (hereinafter “ neighboring building”) and part of the neighboring building, which is KRW 50 million per month, KRW 2 million per month, and the lease term from April 1, 2017 to March 31, 2022, and paid KRW 10 million out of the deposit amount to D on the same day.
The defendant refused to use D's adjacent rooftops as a bicycle part storage place, and filed an application for a payment order for the return of down payment under this Court 2017 tea1209. D's objection and brought an action under this Court 2017 Ghana24121, and on August 17, 2017, the conciliation was concluded that "D will pay five million won to the plaintiff up to September 30, 2017" in this Court 2017 money6059 conciliation procedure.
[Reasons for Recognition] Unsatisfy, Gap evidence 6, 7, Eul evidence 1, 2, and 3, witness D's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion.