연체차임 등 청구의 소
1. The plaintiff (Counterclaim defendant)'s claim against the defendant (Counterclaim plaintiff) is dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. From April 1, 1992, the Defendant operated the massage treatment establishment of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) with the trade name “D massage treatment establishment” from around 3, 4, and 5 stories of the building of the 5th floor of the Mayang-gu Manan-gu Manan-si Manan-si (hereinafter “instant building”).
A. (1) On September 1, 2011, the Plaintiff entered into a lease agreement between the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant, etc., and completed the registration of ownership transfer on the instant building on the grounds of sale on August 5, 2011.
(2) On August 30, 2013, the Plaintiff entered into a lease agreement with the Defendant on the instant building 3, 4, and 5 (hereinafter “the instant first lease agreement”) with the term “from August 30, 2013 to August 30, 2015”, “rental deposit KRW 150 million”, and “lease fee KRW 6.5 million per month (including value-added tax)” (hereinafter “the instant first lease agreement”). The Defendant continued the business of “D massage treatment place” on the 3, 4, and 5th floor of the instant building.
(3) Since August 30, 2015, the instant lease agreement was implicitly renewed on one occasion on August 30, 2015, and the Defendant agreed to reduce the monthly rent from January 2016 to KRW 5.9 million (including value-added tax).
2. The lessee is a condition to restore the leased object to its original state.
8. To arrange for each other within three months at the time of notification of content certification where it is impracticable to maintain the massage practice in a legal problem or business depression;
9.In the event of a special agreement, the lessee will not rent the remaining (Nam) monthly rent to the lessor within the lease period, and will remove all facilities succeeded to the lessor and restore to its original state 3,4,5 stories.
(4) The main contents of the instant lease agreement are as follows.
C. (1) On June 13, 2017, the Plaintiff’s 4 and 5 floors of the instant building between the Plaintiff and the Defendant’s ASEAN.