건물등철거
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The scope of trial at the court of the trial of the case is limited to the plaintiff's remaining principal claim and the part concerning the defendant's counterclaim claim except the part concerning the confirmation of existence of the above right of retention, since the part concerning the claim for confirmation of existence of the right of retention among the principal claim of this case is excluded from the object of trial at this court because the plaintiff who lost in the court of first instance
2. cite the judgment of the court of first instance
B. 1) Determination 1) Evidence Nos. 9, 10, 11 (where no special indication is made, referring to the number of claims).
hereinafter the same shall apply.
According to each of the testimonys of the witnesses of the first instance trial, J of the first instance trial, and the witness P of the party trial, the Plaintiff is a non-party company and the building listed in attached Form 1 (hereinafter “instant building”) around June 1, 2010.
() When concluding a lease contract with respect to a provisional contract, the fact that the contract was concluded at the time the non-party company submitted the performance guarantee insurance policy based on the deposit and paid the rent for the first term (Article 17) (see the special agreement, e.g., the Plaintiff concluded the instant lease contract under the condition that the non-party company was not paid the lease deposit, and the employees, such as the president of the F Management Office and J, etc., of the Plaintiff did not inform the Defendant that the non-party company intended to conclude the instant sublease contract was unpaid the lease deposit of the non-party company, and the fact that P made a telephone call after concluding the sub-lease contract with the non-party company on part of the instant building, and the employee of the Plaintiff explained the terms
However, the parties to a provisional contract may freely change the terms and conditions of the provisional contract by mutual agreement, and the lease deposit is for securing the obligations of the lessee to the lessor, not for securing the obligations of the lessee.