건물철거청구 등
1. The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) that changed from the trial, is as follows:
The principal lawsuit and counterclaim shall be judged together.
1. Facts of recognition;
A. A. Around June 1, 2006, the Plaintiff entered into a construction contract with the Defendant on a fixed period of work to remodel a detached house located on the ground of 2,976 square meters (hereinafter “C land” and “G land”) prior to the Plaintiff’s ownership of the Plaintiff, for the construction period from June 7, 2006 to June 30, 2006, with the construction amount of 110,000,000 won, on each of the following grounds: < Amended by Presidential Decree No. 20072, Jan. 10, 2008; Presidential Decree No. 20347, Jun. 7, 2006; Presidential Decree No. 2000, Jun. 30, 2006>
After that, the defendant performed the construction in accordance with the above contract, but the construction was suspended on the wind of an accident where a detached house subject to remodeling is collapsed during the construction work.
B. Around July 30, 2007, the Plaintiff concluded a new construction contract with the Defendant with the content of the removal of the collapsed detached house, the removal of the collapsed detached house, and the construction work based on the basic civil engineering work on the land C and G, and the construction work on the land C, the construction of Han-style Housing unit, and the construction period of the G on the land (hereinafter “instant construction work”), the construction period from August 9, 2007 to October 30, 2007, and the construction cost of the construction amount of KRW 360,000,000.
In addition, upon completion of each of the above new buildings according to the instant construction, the Plaintiff and the Defendant agreed to substitute for the payment of the instant construction price in lieu of the payment of the instant construction price, after the Plaintiff changed its use to restaurant, for five years from October 30, 2007, the lease deposit amount of KRW 360,000,000, monthly rent of KRW 5,500,000.
(hereinafter referred to as the “instant contract” in combination with the above construction contract and lease contract.
However, at the time of the conclusion of the contract of this case, the plaintiff and the defendant set a traditional traditional Korean-style restaurant operated by the defendant's model in the vicinity of the Sinsi City as a model, and did not exchange the design drawing of the Korean-style house to be newly built, and completed Korean-style house structure and form.