건물명도(인도)
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) by aggregating the principal lawsuit and the counterclaim.
1. The grounds for the judgment of the court of first instance, which cited the judgment of the court of first instance, are as follows, with the exception of ① partially dismissing the grounds for the judgment of the court of first instance as follows or ② adding the judgment of the court of first instance as to the defendant's argument in the trial.
Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.
[Attachment] From 10 to 12 pages 12 of the reasoning of the judgment of the court of first instance: (a) the period of exercise of the claim for sale in lots and the period of exercise of the claim for sale in lots in full (1) for the period of exercise of the claim for sale in lots as set forth below does not explicitly stipulate the period of exercise of the claim for sale in lots by the lessee under the lease contract in this case. However, when comprehensively considering the following circumstances known through the aforementioned facts, it is reasonable to view that the Plaintiff and the Defendant agreed to the effect that the Plaintiff and the Defendant should exercise the claim for sale in lots at the latest before the expiration of the lease period set forth in the lease contract in this case. (b) In the event that the sale in lots of the real estate in this case is not carried out, the Defendant bears the obligation to order the Plaintiff, a lessor, the object of lease, as set forth in the lease contract in this case, pursuant to Article 3(2) of the terms of the lease contract in this case.
It is natural to say that the obligation of this case was based on the premise that the defendant's right to request sale for sale in lots should be exercised until the expiration of the term of lease stipulated in the lease agreement of this case at the latest.
B) Article 3(1)1 of the Special Terms and Conditions of the instant lease agreement (hereinafter “instant dispute provisions”)
(3) On March 31, 2011, the date of expiration of the first designation period of occupancy designated by the Plaintiff.