건물인도
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 17,00,000 for each of the Defendant (Counterclaim Plaintiff) and its amount from August 20, 2016 to November 20, 2016.
1. Basic facts common to the principal lawsuit and counterclaim;
A. On July 18, 2013, the Defendants, both married and married, jointly leased the buildings listed in the [Attachment List No. 2 (hereinafter “instant building”) as indicated in Annex C from July 18, 2013 to KRW 60 million, monthly renting KRW 5.6 million (hereinafter “instant lease agreement”), and jointly operated the beauty art room and the skin care room in the name of “D” and “E”.
B. On November 13, 2015, the Plaintiff purchased the instant real estate from C and completed the registration of ownership transfer on January 15, 2016.
C. The Defendants delivered the instant building to the Plaintiff on August 4, 2016, when the instant lawsuit was pending.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, and Eul No. 2 (including each number), the purport of the whole pleadings
2. The Plaintiff sought delivery of the instant real estate against the Defendants on the ground that the instant lease agreement was terminated on August 3, 2016, but the Defendants had already delivered the said real estate on August 4, 2016, which was before the date of closing of argument in the instant case. As seen earlier, the Plaintiff’s assertion cannot be accepted.
3. Judgment on the counterclaim
A. In regard to the claim for the purchase of accessories, the Defendants, while leasing the instant building, newly inserted electric power, other days, toilets, toilets, air conditioners, automatic entrance doors, and outer walls of the second floor, and extended the area of 41.73 square meters on the ground of the instant building with C’s consent around August 2013. In accordance with Article 646(1) of the Civil Act, the Defendants are obliged to pay the Defendants KRW 50 million each for the purchase price of the said facilities and buildings. Accordingly, if the Defendants were to show the overall purport of each entry or video pleading of the above facilities and buildings, the Plaintiff is recognized as having leased the instant building and extended the 41.73 square meters on the ground of the instant building.
(b).