건물명도
1. Of the part of the judgment of the court of first instance with respect to the payment of the principal claim, against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
Basic Facts
The deceased A (hereinafter referred to as the “the deceased”) was the owner of each real estate listed in the separate sheet (hereinafter referred to as the “each real estate of this case”), and C and the Defendant intended to operate a closed-end restaurant with the trade name “K” from each real estate of this case.
L leased the lease deposit amount of KRW 100,000,000 from the deceased, and KRW 5,000,000 per month, and operated the Automobile Service Center until March 2012.
After that, sewage facility construction was conducted on each real estate of this case (the amount borne by the sewage facility borne by the Deceased in KRW 33,318,400), and the interior construction was conducted until May 9, 2012 for the opening of the above cafeteria.
Attached Form
The real estate listed in paragraph 1 of the list (hereinafter referred to as "real estate 1") and the real estate listed in paragraph 2 of the attached list (hereinafter referred to as "real estate 2") were originally used by the motor vehicle facilities and offices, and the real estate was changed to general restaurants on May 11, 2012.
On April 10, 2012, the Deceased prepared a lease agreement between the Defendant and the Defendant with the content that the Deceased will lease the real estate of KRW 150,000,000, monthly rent of KRW 250,000, and the lease term of KRW 24 months from May 15, 2012 (hereinafter “instant lease agreement”).
C and the Defendant, on May 18, 2012, registered the business of which the instant real estate was registered under the name of the Defendant as the place of business, and on May 19, 2012, the instant real estate started with the business of operating the said cafeteria, and continued with the business until May 20, 2012, but thereafter suspended the business.
The defendant did not pay the lease deposit to the deceased, and on June 18, 2012, the deceased notified the defendant that the lease contract will be cancelled on the grounds of the non-payment of the lease deposit, which reaches the defendant around that time.
The Deceased died on May 12, 2014, and as his inheritor, Plaintiff F.