건물명도
1. All of the counter-claim claims filed by the counter-claimer are dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
1. Facts of recognition;
A. On July 6, 2010, the Lessee entered into a contract with the Counterclaim Defendant to lease approximately KRW 214 square meters of the 1st floor of the building located in Seo-gu, Gwangju (hereinafter “instant building”) on a deposit of KRW 30 million, KRW 1.2 million per month of rent, and KRW 1.24 months from August 30, 2010 (hereinafter “the instant existing lease agreement”). The said lease agreement was explicitly renewed after the expiration of the said lease term.
B. On September 2010, the Counterclaim Plaintiff registered his/her business as “FRoad Name Address in Seo-gu, Gwangju: Seo-gu, Seo-gu, Gwangju, the type of business, and the kind of business: Bodok Private Teaching Institutes,” and has operated a private teaching institute in the existing leased object of this case from around that time.
C. On June 27, 2015, the Lessee entered into a contract with the Counterclaim Defendant on the lease of 150 square meters (hereinafter “new lease object of this case”) other than the previous lease object of this case among the first floor of the instant building (hereinafter “new lease object of this case”) with a deposit of KRW 30 million,000,000 per month of rent (excluding value-added tax), and from August 31, 2015 to 36 months from August 31, 2015 (hereinafter “new lease agreement of this case”). Around that time, the previous lease agreement of this case was concluded to be terminated on August 30, 2015.
On August 7, 2015, the counterclaim Defendant entered into a lease agreement (hereinafter “lease agreement with the third party of this case”) with the term of lease set from September 1, 2015 to 24 months.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. If the location of a private teaching institute is changed in accordance with the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, etc., the Lessee is required to register the change. Thus, the Lessee is one (c).