건물명도
1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall fully pay to the Plaintiff (Counterclaim Defendant) KRW 21,157,988 and its interest from September 27, 2017.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The plaintiff and the defendant have been aware of it for a long time.
B. On February 28, 1992, the Plaintiff leased the three-story D ground buildings owned by the network C (hereinafter “instant building”) from the network C by setting the lease deposit amount of KRW 50 million and the lease term of KRW 1,00,000,000,000,000 to the network C, and received delivery of the instant sports hall by paying the lease deposit amount of KRW 50,000 to the network C on the same day.
C. On November 23, 1993, upon the death of the network C, E, one of them, completed the registration of ownership transfer with respect to the instant sports center on the grounds of inheritance by agreement division, and E, around that time, has maintained the lease contract by increasing the lease deposit to KRW 70 million between the Plaintiff and the Plaintiff, and thereafter the above lease contract has been implicitly renewed.
From July 2005, the Defendant operated the health club under the trade name “FFFFFA” in the instant sports center, and on December 16, 2009, registered the business under the name of the Defendant.
E. From November 1, 2011 to December 9, 2015, the Defendant paid KRW 29,785,000 in total at regular intervals to the Plaintiff, as listed in attached Table 1, as follows.
F. On December 7, 2015, the Plaintiff and the Defendant agreed to suspend the operation of the FFFFA club.
G. On December 10, 2016, the Plaintiff received a transfer of the instant sports center from the Defendant, and operates a leading hall at that place.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 11, Eul evidence 1 (including each number in the case of additional evidence), witness G, H's partial testimony, the original testimony, the result of each questioning by the defendant respectively, the significant facts in this court and the purport of the whole pleadings
2. Determination on the main claim
가. 청구원인에 관한 판단 ⑴ 당사자 주장의 요지 ㈎ 원고 원고는 2005. 7.경 피고에게 이 사건 체육관을 차임 월 60만 원으로 정하여 전대하였고, 2011. 10.경부터...