동산인도 청구의 소
1. The judgment of the court of first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit that has been changed in exchange from the trial prior to remand.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant entered into a lease agreement with the Defendant 1) The second floor (attached Form 1; hereinafter “instant store”) among the above buildings (hereinafter “instant store”) between the Defendant and C around August 11, 2010, as the owner of a general amusement restaurant and indoor roller rink in Daejeon-gu and six parcels.
(C) The term of the lease deposit is KRW 250 million, KRW 17.6 million per month, and the term of the lease is from August 11, 2010 to August 10, 2013 (hereinafter “instant lease agreement”).
2) The contents of the instant lease agreement concerning the use of stores, facilities, etc. are as follows.
Article 2(C)(Purpose and Item C) is to use the place of business only to a store for amusement business in the name of a party to a contract, and the category of business is to be limited to items designated at the time of a contract with Party A (Defendant).
However, if there is a prior change, the type of business may be changed after obtaining the consent from the Party A, and after obtaining the consent from the Party A in writing.
Article 6(A) In the case of Article 6(2)(a), the facilities may be constructed at the expense of Eul if they are installed at the leased stores of Gap, and if they are terminated even if they are attributable to the expiration of the contract period or the cause attributable to Eul, the relevant interior facilities shall belong to Gap, and in any case, the relevant interior facilities shall not be claimed even if they are part of the relevant interior facilities expenses; c) also the construction expenses already constructed shall not be claimed against Gap even if they are automatically canceled due to the suspension of the facilities due to the cause attributable to Eul such as the failure to pay part of part of part of part of part of the interior facilities and the failure to pay remainder, etc. of the internal facilities, and at the same time the construction materials shall belong to Gap.
Article 11 (Cancellation and Treatment of Contracts) A shall restore the place of business as soon as possible under the direction of A and return it to A, regardless of the cause for the termination of this contract.