유치권존재 확인
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On June 28, 2010, the Plaintiff entered into a lease agreement with E Co., Ltd. (which was divided into F on November 10, 201; hereinafter referred to as “Nonindicted Co., Ltd.”) and with respect to the 1 and 2 underground floors (including Arabic link ice facilities; hereinafter referred to as “instant underground floor”) from among the buildings listed in the separate sheet (hereinafter referred to as “instant building”) as “monthly rent of 3.5 million won (including value-added tax) and 12 months from the lease term,” without a deposit.
7. From January 1, 200, I operated a ice link from the underground floor of this case.
B. Since June 27, 201 (the monthly rent of KRW 3.5 million), June 27, 2012 (the monthly rent of KRW 3.5 million), June 4, 2013 (the monthly rent of KRW 5.5 million), and April 1, 2014 (the monthly rent of KRW 5.00,000), the Plaintiff renewed each of the above lease agreements (the lease agreement of this case, including the lease agreement described in subparagraph (a). Article 5 of the instant lease agreement states that “The lessee may be reconstructed or modified with the approval of the lessor, but shall be restored to its original state at the expense of the lessee before the date of return of the real estate.”
C. Meanwhile, the Defendants completed the registration of ownership transfer with respect to each of 1/3 shares on March 10, 2015 following the bid of the instant building in the Cheongju District Court G compulsory auction procedure.
The plaintiff is occupying and using the underground floor of this case until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1’s primary assertion: (a) around spring of spring on 2012, the lien claim for the right to demand a reimbursement of the necessary cost as the preserved claim, the Plaintiff spent KRW 193,973,270 for construction expenses to repair ice facilities as a result of a melting phenomenon in the central part of the ice linked to the underground floor of this case.