건물인도
1. The part concerning the counterclaim in the judgment of the court of first instance, including the claim for a counterclaim expanded and reduced in this court, is as follows.
1. The first instance court accepted the Plaintiff’s claim for the delivery of a building among the Plaintiff’s principal claim, dismissed the Plaintiff’s claim for the performance of the procedure of succession to the status of a business operator, and all of the Defendants’ counterclaims claim (the claim for the return of lease deposit and the contract deposit (the simultaneous performance claim with the delivery of
Since only the Defendants filed an appeal against the part concerning the counterclaim of the first instance judgment, and this court expanded and reduced the claim for the counterclaim, the part concerning the counterclaim of the first instance judgment, including the expanded and reduced part in the court, is subject to the judgment of this court.
2. Basic facts
A. On November 9, 2012, the Plaintiff, F, and the Defendants: (a) drafted a lease agreement with the Plaintiff, F, and the Plaintiff on the attached list (hereinafter “instant building”); (b) KRW 150,000,000; (c) monthly rent of KRW 26,00,000 (payment on August 8); and (d) November 9, 2012 with the lease term of KRW 12 months from November 9, 2012.
(hereinafter “instant lease agreement”). Since then, the instant lease agreement was renewed on November 9, 2013 and its lease term was extended to one year.
The terms and conditions of the instant lease agreement are as follows.
1. The lessee shall bear 100% of the taxes on entertainment in buildings and land;
2.The term "the property of the lessor" is the property of the lessor by investment of 100% by the lessor, and the lessee may not claim any subsequent right.
3. The lessee shall recover 100% of the interior of the interior and collection equipment to its original state within two months, if the interior and collection equipment are naturally damaged or damaged during the lease period;
4. The surtax shall be separate.
5.The above-mentioned contract shall be automatically reversed when the restoration to the original state is delayed for more than two months of the rental period or when the rent is unpaid for more than two months.
6. 0.9 per annum increases monthly taxes by 0.9%.
B. The Defendants paid KRW 150,00,000 to the Plaintiff on the date of the instant lease agreement, and on the same day, received the instant building from the Plaintiff, and thereafter engaged in the business of Moel and entertainment tavern in the instant building.
C. The Defendants from January 2014 to January 2015.