건물명도
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 6,058,66 and all of its payment from November 1, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
On June 25, 2012, the Defendant is a company that, at the time of the lease of 280 square meters (85 square meters; hereinafter referred to as “instant store”) in the building listed in the separate sheet (hereinafter referred to as “the instant building”) in the attached list, leased KRW 150 million from H, the owner of which is KRW 150 million, monthly rent of KRW 8030,000 (including value-added tax; hereinafter the same shall apply), and the lease period shall be from June 26, 2012 to June 25, 2014; however, the said contract shall be renewed under the same condition unless the Defendant expresses his/her intention of refusal three months prior to the expiration of the lease period (hereinafter referred to as “instant lease”), and a company that runs a restaurant in the said store.
The Plaintiffs purchased 1/6 shares of the instant building from H on April 28, 2015 at KRW 10.3 billion, respectively, and the registration of ownership transfer was completed as of July 30, 2015 by the Songdong District Court (Seoul East District Court), Songdong District Court No. 61568, Jul. 30, 2015.
Around May 192, 192, the instant building was installed with fire-fighting equipment, water supply, and piping facilities installed with approval for use. The Plaintiffs agreed to implement remodeling construction works on the said building from January 15, 2016 to April 15, 2016.
On February 19, 2016, the Plaintiffs demanded the Defendant to remove the Defendant’s signboard in order to attach favorable to the outer wall of the said building as part of the said remodeling work. From that time, there was a dispute between the Plaintiffs and the Defendant as to the location of the said signboard and the schedule of the said remodeling work.
On March 21, 2016, the Defendant sent content-certified mail to the Plaintiffs to the effect that “the Defendant intends to transfer the right to lease the instant store to another person on March 25, 2016.” The transferee is operating a restaurant as it is,” by sending content-certified mail to the Plaintiffs.
The plaintiff is a content that the defendant's notification of the transfer of the right of lease stated in the above paragraph will not be performed as a tenant.