건물명도 등
1. Revocation of a judgment of the first instance;
2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
3. An objection to the trial.
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. On August 201, there were floor boundary marks, partitions, or walls, building number signs, etc. in line with the sectional ownership of buyers at the time of opening the store as an aggregate building and its interior store was registered as a sectional building.
B. On the other hand, around August 24, 2001, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet among the instant commercial buildings (hereinafter “each of the instant stores”).
C. However, from August 15, 2002 to March 3, 2002, E, the representative director of D, who acquired the right to manage and lease the instant commercial building, removed the existing partitions from the first to the third above ground of the instant commercial building from around August 15, 2002 without the consent of the entire sectional owners of the instant commercial building, and installed a mixed water storage store, and the 4,5th above ground and the 5th above ground, removed all inside facilities, such as partitions, ceiling, floor, and toilets, and installed a private house in the entire area.
Around December 7, 2012, the Plaintiff entered into a lease agreement with the Defendant for each of the stores listed in the separate sheet Nos. 1 through 7 (hereinafter referred to as “instant 1st floor store”) with a deposit of KRW 10 million, monthly rent of KRW 600,000,000 for each of the stores listed in the separate sheet Nos. 1 through 7 (hereinafter referred to as “instant 1st floor store”), and with respect to the stores listed in the separate sheet No. 8 (hereinafter referred to as “instant 5th floor store”), a deposit of KRW 20,000,000 for each of the instant stores, monthly rent of KRW 1 million, and a one-year lease agreement (hereinafter referred to as “instant lease agreement”).
E. On June 28, 2009, the co-owners of the instant shopping mall decided to delegate the right to lease, use, alteration of facilities, sale negotiation, and voting rights to the “Crye Management Body” with the consent of a majority at the ordinary meeting of the shareholders of the instant shopping mall. The Defendant decided to delegate the right to lease, use, alteration of facilities, sale negotiation, and voting rights to the “Crye Management Body” on January 1,