건물명도
1. The Plaintiff (Counterclaim Defendant)’s conjunctive claim against the Plaintiff (Counterclaim Defendant) added at the trial and the Defendant (Counterclaim Plaintiff) expanded from the trial.
1. Basic facts
A. On September 22, 201, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the lessee as the Plaintiff and the lessee regarding the instant building between November 1, 2011 to October 31, 2013, with the lease deposit of KRW 30,000,000, and the lease deposit of KRW 3,000,000 (value-added tax separately) for the operation of the factory in the real estate listed in the attached list (hereinafter “instant building”).
At the time of the conclusion of the instant lease agreement, the Plaintiff and Defendant C stipulated a special agreement that “if a factory registration is required, the Plaintiff cooperates in all documents.”
B. Defendant C established Defendant B Co., Ltd. (hereinafter “B”) on October 7, 201 to operate a cosmetic-making factory in the instant building, and completed business registration on October 28, 201.
C. After October 14, 201, Defendant C changed only the name of the lessee to Defendant C from September 22, 201 with the Plaintiff’s consent on September 22, 2011, and the remainder of the terms of the contract was the same as that of the instant lease contract (No. 89).
The Plaintiff completed registration of a factory under Article 16 of the Industrial Cluster Development and Factory Establishment Act on August 2, 2010, the trade name of D, which was prior to the conclusion of the instant lease agreement.
In order for Defendant B to register a factory on the instant building, the Plaintiff’s new registration after the revocation of the Plaintiff’s factory registration or transferred the name of factory from the Plaintiff, but the Plaintiff did not cooperate with Defendant B during the instant lease period.
On December 11, 2013, the chemical market revoked the registration of the plaintiff's factory on the ground of the destruction of manufacturing facilities.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 27, 51, and 89, fact-finding results of the first instance court's inquiry into the Chinese market, and arguments.