건물인도 등
1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 18,080,000 and its amount from June 15, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiffs are co-owners of the building of Class 2 neighborhood living facilities of Class 4 of the Jongno-gu Seoul Metropolitan Government D ground reinforced concrete structure (each share of 1/2).
On October 8, 2010, the Plaintiffs leased 20,000,000, monthly rent of KRW 1,100,000 (Additional Tax separately), management expenses of KRW 50,00,00, and period of lease from November 20, 2010 to November 19, 2012 to the Defendant.
(hereinafter “instant lease agreement”). B.
The Defendant, with the trade name of “E” in the instant real estate, engaged in artistic performance, production planning, theater entertainment, etc.
C. On October 13, 2012, when the instant lease contract term expires, the Plaintiffs and the Defendant changed the said contract term from November 20, 2012 to November 19, 2014, and the monthly rent of KRW 1,300,00 (Additional Tax) as the same as the previous contract term was renewed, and the remaining contract terms were explicitly renewed even after the said renewal period has expired.
On October 28, 2015, the Plaintiffs sent the notice of termination to the Defendant by content-certified mail, stating that the term of the instant lease agreement was five years if it was November 20, 2015, and that no longer the contract cannot be maintained. As such, the Plaintiffs sent the notice of termination to the Defendant by way of delivery by November 20, 2015.
E. The Defendant occupied and used the instant real estate until December 28, 2015, and subsequently suspended its business, and did not use and benefit from the instant real estate without being kept as it was. Around January 2017, when the instant lawsuit was pending, the Defendant took measures to reinstate the instant real estate and delivered it to the Plaintiffs.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers for those with additional numbers), Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The instant lease agreement asserted by the Plaintiffs is around November 19, 2015.