건물명도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The payment of KRW 5,340,000 is received from the Plaintiff (Counterclaim Defendant).
1. The fact of recognition common to the principal lawsuit and the counterclaim;
A. On August 2006, the Defendant entered into a lease agreement with Nonparty C, the former owner, on the part (A) size of 67.21 square meters in the ship (hereinafter “instant store”) connected each point of 1, 2, 3, 4, 1, and 67.21 square meters in sequence, among the 1st floor of the building listed in the separate sheet, with the lease deposit amount of KRW 20 million, monthly rent of KRW 1,000,000, and the term of lease from August 26, 2006 to August 25, 2008.
B. The Defendant is the instant lease agreement between Nonparty D and Nonparty D, who acquired the ownership of the instant store on August 26, 2008, with the lease deposit of KRW 20 million, monthly rent of KRW 1 million (payment in advance in each month), and the lease agreement between August 26, 2008 and August 25, 2011.
) A new contract was concluded (However, the monthly rent from August 26, 2009 set at KRW 1.2 million.
C. On March 2013, the Plaintiff acquired the ownership of the instant store and succeeded to the lessor’s status of the instant lease agreement.
The instant lease agreement was explicitly renewed every year even after the expiration of the original contract term, and the Plaintiff expressed his/her intent to refuse to renew the contract to the Defendant on August 25, 2015, even after the expiration of the original contract term.
Meanwhile, the Plaintiff asserted that “The instant lease agreement was not renewed and terminated on August 25, 2014 by notifying the Defendant of the change of conditions before the termination of the lease agreement as of August 25, 2014.” However, the Plaintiff’s testimony on the evidence submitted in the instant case and witness E alone from February 25, 2014 to the same year.
7. It is not sufficient to recognize the fact that a notice of change in conditions was given to the defendant within the period of 25.
E. From August 2006, the Defendant operated a restaurant with the trade name “F” at the instant store from around August 2006. From August 26, 2015, the following day following the completion of the instant lease agreement to the date of the closing of argument in the instant case.