건물명도
1. The plaintiff (Counterclaim defendant)'s main claim against the plaintiff (Counterclaim plaintiff) B is dismissed.
2. Preliminary Defendant C:
1. Basic facts
A. The Plaintiff is the owner of real estate listed in the attached Table 1 list. On June 20, 2014, the Plaintiff entered into a lease agreement with Defendant C with respect to 216.82 square meters of the first floor among the real estate listed in the attached Table 1 list (hereinafter “instant store”). The Plaintiff agreed on a deposit of KRW 40 million, monthly rent of KRW 4.6 million, monthly rent of KRW 4.6 million, and from June 30, 2014 to June 29, 2016, and the Defendant C operated a restaurant “D store” at the instant store.
B. Around March 2015, Defendant C transferred the above restaurant to Defendant B, a wife, and Defendant B entered into a lease agreement with the effect that on March 19, 2015, the Plaintiff and the lease term up to June 29, 2016, the total amount of the deposit transferred, and the monthly rent amounting to KRW 4.6 million, but the lease agreement with the effect that KRW 200,000 is increased from June 30, 2015 (hereinafter “instant lease”).
C. Defendant B operated restaurant business at the instant store until August 5, 2016, but did not pay monthly rent from June 30, 2016 when the instant lease contract term expires to the Plaintiff.
The Plaintiff did not return the instant lease deposit to Defendant B, and received the instant store on May 29, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. As to the main claim
A. (1) The Plaintiff’s assertion (1) Defendant C is obligated to return the instant store to the Plaintiff upon termination of the lease agreement. Defendant C leased the instant store and installed facilities indicated in the attached Table 2 and arbitrarily installed the facilities listed in the attached Table 3, and Defendant B succeeded to the said lease agreement between the Plaintiff and the Defendant C, the Defendant B should pay the Plaintiff the cost of restoration to its original state.
In addition, Defendant B shall enjoy the unpaid rent of KRW 6,510,00 from June 30, 2016 to August 5, 2016, and the cost of restoring power due to the default of electricity charges of KRW 276,230, and the following floor.