건물명도(인도)
1. A plaintiff (Counterclaim defendant) who exceeds the following amount among the part concerning the counterclaim against the judgment of the court of first instance.
1. The first instance court’s judgment of this court dismissed the Plaintiff’s principal claim in its entirety, and partly accepted the Defendant’s counterclaim. The Plaintiff and the Defendant appealed each part of the judgment of the first instance as to the part against which each of the judgment of the court of first instance lost.
Therefore, the main lawsuit and counterclaim in this case were all transferred to the court, but only the part of the counterclaim that was lodged by the appeal is subject to the judgment of the court.
2. Basic facts
A. On January 7, 2012, the Plaintiff and the Defendant concluded a lease agreement with the Defendant, setting the lease deposit of KRW 150 million on the first floor 95.65 square meters (hereinafter “instant store”) from among the buildings indicated in the attached Form, as KRW 150 million, monthly rent of KRW 330 million, and the lease period from January 7, 2012 to January 7, 2014 (hereinafter “first lease agreement”). After the evidence of subparagraph 1, the Defendant operated the commercial point with the trade name “C” from the instant store.
2) On January 10, 2014, the Plaintiff and the Defendant newly concluded a lease agreement (hereinafter “second lease agreement”) with respect to the instant store by setting the lease deposit of KRW 150 million, KRW 3.5 million per month, and the lease period of KRW 3.5 million from January 7, 2014 to January 7, 2016.
The second lease contract includes ① the full-time parking fee of KRW 100,000 per annum to the Plaintiff, and ② the monthly increase of KRW 500,000 from February 2015 is included in the special agreement.
On January 7, 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “third-party lease agreement”) with respect to the instant store by setting the lease deposit of KRW 150 million, KRW 4.5 million per month, and the lease period of KRW 4.5 million from January 7, 2016 to January 7, 2017.
§ 3. The evidence of this title
B. (1) On October 31, 2016, the Plaintiff notified the Defendant that the instant store will be terminated due to the expiration of the period on January 7, 2017, via a written notice of cancellation of the termination of the lease agreement.
B Nos. 4 and 2) Defendant.