건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) is from 100,000,000 to 100,000 won from the Plaintiff (Counterclaim Defendant) on the attached list from January 1, 202.
Each principal lawsuit and each counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 1, 1998, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant building”) entered into a lease agreement with the Defendant for the instant store (hereinafter “instant lease agreement”) and has maintained the lease relationship by renewal of the agreement every year, and the Defendant operated the restaurant in the name of “C” at the instant store.
B. On December 31, 2017, the Plaintiff entered into a lease agreement with the Defendant with regard to the instant store, setting the term of the contract from January 1, 2018 to December 31, 2018, as KRW 100 million, KRW 1,297,300 (excluding value-added tax), and KRW 4,900 (excluding value-added tax) per the average management fee (excluding value-added tax).
(hereinafter “instant lease agreement”). C.
On November 22, 2018, the Plaintiff sent to the Defendant a mail to the effect that “As the instant lease contract is terminated on December 31, 2018 because it is no longer possible to renew or renew the lease contract with the Defendant due to the deterioration, etc. of the instant building, the Plaintiff sent to the Defendant a mail to the effect that the instant store will be handed over, and reached November 23, 2018.”
The defendant is operating a restaurant in the store of this case until now.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. According to the Plaintiff’s notification of refusal to renew the contract, the instant lease contract terminated on December 31, 2018.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff at the same time upon receiving the amount calculated by deducting the amount equivalent to the rent and management expenses from KRW 100 million to KRW 100,000 from December 1, 2019 to the completion date of delivery.
In addition, the defendant is obligated to pay the amount equivalent to the rent and management expenses of the store of this case without permission to the plaintiff.
B. The defendant's assertion is refused to renew the contract.