토지인도
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
3. The judgment of the court of first instance is rendered.
1. From the first instance court’s scope of adjudication, the Plaintiff sought the delivery of real estate and the removal of facilities following the termination of the lease contract as the principal lawsuit, and the payment of damages equivalent to the rent or rent. The Defendant sought the return of lease deposit and the payment of damages on the ground of nonperformance of obligation under the lease contract as a counterclaim. The first instance court accepted the Plaintiff’s claim on the principal lawsuit in full and dismissed the Defendant’s counterclaim.
In this regard, the defendant appealed only against the part of the main lawsuit of the judgment of the court of first instance (the part of the claim for damages equivalent to rent or rent) and the part of the counterclaim. Thus, the part of the delivery of real estate and removal of facilities in the plaintiff's main lawsuit are not subject to the judgment
2. Basic facts
A. 1) On November 13, 2007, the Plaintiff entered into a lease agreement with the Defendant, B, and B, and the Plaintiff and six other persons into a joint ownership agreement (hereinafter “instant real estate”).
) From November 13, 2007 to November 12, 2009, the term of lease was set at two years, lease deposit KRW 22,00,000,000,000 per annum, and entered into a contract to lease to the Defendant (hereinafter “instant lease contract”).
A) The main contents of the instant lease agreement are as follows. The term of this agreement is from November 13, 2007 to November 12, 2009 (24 months) from November 13, 2007. The term of the contract may be extended by one year, except in extenuating circumstances. Article 3 (Deposit Deposit and Rent (Deposit Deposit shall be KRW 22,00,000 for Rental Deposit and Rent Deposit shall be KRW 22,00,000 for Rental Deposit and Rental Deposit shall be paid at the time of concluding the contract.
(2) Rent shall be 22,00,000 won per annum, and it shall be paid in a lump sum each year.
3. An advance payment of a year shall be made not later than 30. and no business shall be operated before the rent is made.
Article 5 (Prohibited Conducts by Defendant) The Defendant shall not commit the following acts:
(1) Using the object of lease for any purpose other than the business of a fishing place.