건물인도 등
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Defendant (Counterclaim Plaintiff) is KRW 50,000,000 from the Plaintiff (Counterclaim Defendant).
1. Facts of recognition;
A. On May 25, 2004, the Plaintiff leased the lease deposit amount of KRW 50,00,000, monthly rent of KRW 4,835,000, management fee of KRW 620,00, rental fee of KRW 620,00, rental period of KRW 620,00, and rental period of June 24, 2004 to the Defendant with each point of (a) part of (a) the retail store of the first floor connected in sequence 1,2,3,4,5,6, and 19.92 square meters (hereinafter “instant real property”).
(hereinafter “instant lease agreement”). According to the instant lease agreement, it is stipulated that, if one of the parties wishes to express his/her intention, notice should be given two months prior to the expiration of the contract.
B. The Plaintiff and the Defendant implicitly renewed the instant lease agreement, and from May 2007, the amount of KRW 5,454,546, monthly rent was increased to KRW 1,363,636, and management fee was increased to KRW 1,366.
C. On December 23, 2014 and April 10, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that “the instant lease agreement is delivered to the Defendant on the expiration of the contract term, as the Plaintiff did not intend to renew the instant lease agreement.”
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3-1 and 2 evidence, the purport of the whole pleadings
2. Determinations and counterclaims are examined together. A.
According to the above facts, since the lease contract of this case terminated on June 24, 2015, the lease contract of this case terminated on the expiration of the lease term, the defendant is obligated to deliver the real estate of this case to the plaintiff at the same time with the payment of KRW 50,000,000 from the plaintiff.
B. On May 2015, the Defendant asserted that, as the Plaintiff refused a lease agreement with C, which intends to become a new lessee with respect to the instant real estate, and obstructed the Defendant’s receipt of KRW 150,00,000 for the premium, the Plaintiff is obligated to pay the Defendant the amount of KRW 150,000 for the loss equivalent to the said premium pursuant to Article 10-4 of the Commercial Building Lease Protection Act. 2) The counterclaim is limited to a case where the litigation procedure is not significantly delayed.