건물인도 등
1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 2,742,712 and its amount from April 10, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 1, 2016, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the term of the contract as of February 24, 2017 from the delivery date to February 24, 2017, with respect to KRW 3 million, monthly rent of KRW 2.8 million, monthly rent of KRW 2.8 million (in addition to value-added tax, it shall be paid on March 20, 2016, and it shall be applicable from March 20, respectively), and received KRW 3 million from the Defendant’s down payment.
At the time, the plaintiffs and the defendant provided that "the plaintiffs shall lease the foundation and current facilities, receive the deposit of one million won after one year, prepare the contract, and restore the contract to its original state at the time of eviction."
B. On February 25, 2016, the Defendant paid the remainder of the deposit amount of KRW 27 million to the Plaintiffs, and performed remodeling after receiving delivery of the instant store from the Plaintiffs, and began to operate the E store, which is the franchise store of Sung F&S Co., Ltd. at the said store.
C. However, the Defendant had a very low business performance and paid the Plaintiffs a rent of KRW 6160,00 on July 25, 2016, and KRW 924,00 on October 20, 2016, but did not pay the remainder.
Accordingly, while Plaintiff A continued discussions on the payment of the overdue rent and the renewal of the contract with the Defendant, Plaintiff A sent a written notice to the Defendant requesting “to deliver the instant store upon the termination of the lease contract” (Evidence A 3-1) on March 27, 2017.
The Defendant (the Plaintiffs registered the instant store as leased stores in the F Real Estate Office on February 2, 2017, and the Defendant received the said notification from the Plaintiff around March 2016 and received the said notification from the Plaintiff, and thereby, the G Real Estate Agent Office in D (hereinafter “G Real Estate”).
Although it is argued that the store of this case was registered as a leased object, it is not enough to recognize the entry of Eul No. 2 and the video of Eul No. 3 alone.