건물철거 등
1. The plaintiff (Counterclaim defendant)'s appeal on the principal lawsuit is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
1. Article 2-2 of the Reasons for the Court's explanation concerning this case is that of the main lawsuit of the judgment of the court of first instance.
paragraphs (c) and (c)
In addition to the statements of each appeal in accordance with paragraph (2) above, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, they are quoted as it is in accordance with Article 420 of the
2. The part concerning the revised statement
A. The Plaintiff filed a claim against Defendant C, the owner of the instant land, who is the owner of the instant building, may claim the removal of the instant building against Defendant C, the first floor possessor of the instant building. However, the Plaintiff’s claim against Defendant C for removal of the instant building against Defendant B is without merit, and therefore, the Plaintiff’s primary claim against Defendant C based on such claim is without merit.
The Plaintiff, as a preliminary performance of the duty to restore following the termination of the lease agreement entered into between the Defendant C, demanded the Defendant C to deliver the first floor of the instant building in return for the repayment of the lease deposit amounting to KRW 15 million.
First of all, it is not sufficient to recognize that the statement of health care unit No. 1 and health care unit No. 1 on whether the lease contract entered into with Defendant C has been terminated, and there is no other evidence to acknowledge it.
Rather, the following circumstances, which can be recognized by comprehensively taking account of the respective descriptions in the evidence Nos. 1, 1, 2, and 1, and the purport of the entire pleadings, namely, the lease contract that the Plaintiff entered into with the Defendant C is subject to the Commercial Building Lease Protection Act as a lease contract for the commercial building subject to business registration, and is subject to the conversion deposit of KRW 55 million [=5 million ( KRW 400,000 x 1 million)] ② Defendant C received the first floor of the instant building from the Plaintiff around February 1, 2012, and around February 8, 2012, to the licensed real estate agent office having the first floor of the instant building as its business place.