건물명도 등
1. On February 1, 2015, the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) for KRW 150,662,793 and KRW 72,60,000 among them. < Amended by Act No. 1320, Feb. 1, 2015>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”). The Defendant is the person who leases and uses each real estate of this case as the Plaintiff’s fraudulent act.
B. On December 21, 2004, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the lease deposit amount of KRW 200 million; (b) the lease period from April 30, 2005 to April 29, 2010 (five years); (c) the monthly rent of KRW 3,000,000 (in addition to additional tax, payment of KRW 30 days each month); and (d) the Defendant paid the said lease deposit to the Plaintiff and operated a personal hospital at the real estate No. 215 and 216.
The main contents of the instant lease agreement are as follows.
If the lessee who has terminated the contract under Article 4 has failed to pay the rent more than twice consecutively, or has violated Article 3, the lessor may terminate the contract immediately.
Where a lease contract is terminated under Article 5, the lessee shall restore the above real estate to its original state and return it to the lessor.
Matters of special agreement
1. The lease in the state of basic facilities shall be in the state of restoration to the state of a scenic city; 2. Monthly rent shall be the latter; 3. Monthly rent and management expenses shall be calculated from the date of commencement of the business ( April 30, 2005).
Since then, around September 2009, the Defendant had a need to expand the individual hospital, and used the real estate listed in Section 1 of Attached Table 1 (hereinafter “the real estate of this case”) located next to the real estate of this case 215 and 216 as a hospital after being transferred from the Plaintiff. At the time, a separate lease contract was not made between the Plaintiff and the Defendant regarding the real estate of this case 214.
On January 21, 2015, the Plaintiff: (a) to the Defendant on January 21, 2015, on each of the instant real estates on the ground of delinquency in rent for at least