건물인도 등
1. The Defendant (Counterclaim Plaintiff) and the Defendants shall each of the Plaintiff (Counterclaim Defendant) have an underground floor of 2274.57 square meters among the real estate recorded in the attached list.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff and Nonparty D’s Plaintiff, as the owner of the building indicated in the attached list, leased D the land of KRW 2274.57 square meters and KRW 1096.09 square meters and KRW 1096.09 square meters of underground floors among the buildings. D completed the registration of establishment of chonsegwon (hereinafter “registration of chonsegwon”) with respect to the leased part ( underground floors 1, 3, and 4 floors) by the Incheon District Court Branch of the District Court on March 3, 2005, under the Act No. 26853, Mar. 3, 2005.
In 209, the Plaintiff entered into a lease agreement with D, Nonparty E, and Defendant A as to the above lease portion.
On February 23, 2011, the Plaintiff and Defendant A concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on February 23, 2011, on the condition that only one of the 1st basements 2274.57 square meters and 1096.09 square meters (hereinafter “instant real estate”) is leased from the Plaintiff, among the buildings listed in the separate sheet, and the lease agreement was concluded between February 23, 2011 and December 31, 2012, the lease term was set at KRW 2,376 million (excluding value-added tax), monthly management expenses as KRW 9,913,200, respectively.
The above Defendant operated F (hereinafter “instant wedding”) in the real estate of this case.
The main contents of the instant lease agreement are as follows.
(hereinafter “A” and “B” refer to Defendant A, Article 2 (Restriction on Use of Objects)
(b) B shall not transfer, sublease, or offer as security the leased object to a third party (including subsidiary facilities related to wedding hall).
Article 8 (Preservation of Claims)
(a) A shall set up a right to lease on a deposit basis equivalent to 100% of the rental deposit for a building entered on the public register among the objects indicated in Article 1 of the lease contract in order to secure the obligation to return the lease deposit to B;
Article 20 (Installation of Si gnboards) A may be installed only in the case of a signboard approved by A at the following place, and drawing(s) shall be made at the time of installation.