건물명도 등
1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) A, 1), Plaintiff (Counterclaim Defendant 30,000,000 won).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the owner of real estate (hereinafter “the instant building”) indicated in the attached list, including (b) part (i) of 28.83 square meters in the ship which connects each point of 3, 4, 9, 10, and 3 attached Form Nos. 3, 4, 9, 10, and 3 (hereinafter “the instant cafeteria part”) and part (b) of 39.75 square meters in the ship which connects each point of 5, 6, 7, 8, and 5 attached Form No. 1 (hereinafter “instant cafeteria”).
B. On January 7, 2008, the Plaintiff leased the instant beauty art room part to Defendant A with the lease deposit of KRW 30,000,000, monthly rent of KRW 400,000, and the lease period from January 7, 2008 to August 21, 2008, respectively.
(hereinafter “instant First Rental Contract”). Defendant A operated the beauty art room in the name of “C” in the part of the instant beauty art room.
C. On March 30, 2011, the Plaintiff leased the instant part of the restaurant to Defendant B by setting the lease deposit amount of KRW 50,000,000, and the lease period from March 31, 201 to March 30, 2012.
(hereinafter “instant second lease contract”). Defendant B has operated a restaurant in the name of “D” in the instant restaurant part.
According to Gap evidence No. 4, Gap evidence No. 5-2, and defendant Eul's assertion, on February 1, 2006, the plaintiff and Eul (the former husband of defendant Eul) entered into a lease agreement (50,000,000 won) on the part of the restaurant of this case on February 1, 2006, and on March 30, 201, the lessee's name was changed to defendant Eul.
Even after the expiration of the lease term stipulated in the first and second lease contract of this case, the lease contract of this case has not been explicitly renewed, but implied renewal has been made.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. On March 30, 2015, the Plaintiff asserted that the Defendants had the right to claim for expansion of store necessary for the Plaintiff’s business. As of September 30, 2015, the Plaintiff had the right to claim for expansion of store necessary for the Plaintiff’s business.