건물명도(인도)
1. All appeals against the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) and the counterclaim by the Defendant (Counterclaim Plaintiff) are filed.
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff and the Defendants, including the allegations made by the court of first instance, have been dismissed or added as set forth in the judgment of the court of first instance, and thus, it shall be quoted in accordance
[Supplementary or supplementary parts] The 6th 2nd 2 to 9th 2nd 1st 2 shall be dried as follows:
According to the facts as seen earlier, the instant store was relocated to Defendant B’s office due to the instant fire, and the instant warehouse was destroyed and damaged by the part of 300 square meters out of the total floor area of 510 square meters, thereby making it impossible to use and benefit from the instant lease agreement. Therefore, it is reasonable to deem that the instant lease agreement was terminated on March 11, 2017 as it became impossible to achieve the purpose of social norms.
2. On this ground, the Plaintiff asserted that Defendant B had a judicial confession on the facts that the lease contract had not been terminated due to the fire in this case, by asserting that Defendant B used part of the warehouse of this case, and that the lease contract had been terminated due to the entire destruction of the store and warehouse of this case.
In this regard, Defendant B’s claim for the payment of rent for the Plaintiff was entirely destroyed by the instant store and warehouse due to the instant fire in the preparatory document dated September 8, 2017, and the lease contract was terminated. Thus, Defendant B asserted that the Plaintiff’s claim for the payment of rent was unjustifiable. However, in the instant counterclaim, Defendant B sought physical damage, business loss, premium, etc. from the instant fire, and sought “the instant fire was suspended after the instant fire, but only used for warehouse purposes after repairing part of the instant warehouse,” along with an explanation, the said store and warehouse were entirely destroyed.