건물명도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the real estate listed in the attached list, 7.05 square meters underground.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 18, 2006, the Plaintiff entered into a contract between the deceased C (the deceased on January 22, 2015, hereinafter “the deceased”) with respect to the lease of KRW 16 (hereinafter “the leased object of this case”) under the ground among the real estate listed in the separate sheet (hereinafter “the instant building”), one’s own ownership, with a deposit of KRW 5 million, monthly rent of KRW 600,000,000, and the lease term of November 1, 2007 (hereinafter “the instant lease contract”). Around that time, the Plaintiff transferred the leased object to the deceased.
B. From the conclusion of the instant lease agreement to the date of 2015, the Defendant, a son of the Deceased, operated a restaurant at 77.05 square meters, the entire underground floor of the instant building, and possessed 77.05 square meters of the underground floor of the instant building until the date of closing argument.
C. The instant lease contract has been renewed after the expiration of the lease term. On July 31, 2010, the Plaintiff entered into a contract with the Deceased to change the lease term to KRW 7,50,000,000, to 24 months from July 31, 2010.
In addition, even after the above term of lease expires, the lease of this case has been renewed.
In September 2015, the Plaintiff received a difference from the deceased or the Defendant under the instant lease agreement from September 2015, and thereafter did not receive a difference.
E. Meanwhile, the Deceased died on January 22, 2015, and the Defendant, E, F, and G jointly inherited the deceased’s property.
In addition, on November 4, 2016, after the filing of the instant lawsuit, the Defendant, E, F, and G, who are wife D and their children, agreed on the division of inherited property with the purport that “the Defendant shall independently inherit all claims, such as deposits and damages arising from the instant lease agreement.”
F. The monthly rent of the Defendant and D, E, F, and G, who are co-inheritors of the Deceased, for five months under the instant lease agreement (from October to February 2015).