건물명도(인도)
1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.
2...
The main lawsuit and counterclaim shall be examined together.
1. Facts of recognition;
A. Lease contract 1 between the Plaintiff and the Defendant C) around August 2016, and the Plaintiff’s representative E at the time between the Plaintiff and the Defendant C is the building indicated in paragraph (1) of the attached list of real estate owned by the Plaintiff (hereinafter “instant building”).
(1) A lease agreement between Defendant C and Defendant C for a rent of five million won per annum without a rental deposit, and the lease period of four years from January 1, 2017 to December 31, 2020 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).
(2) The instant lease agreement includes the agreement that Defendant C paid KRW 30 million to Defendant C with the construction cost and premium for the instant building No. 1, and that the Plaintiff paid KRW 230 million to Defendant C after the expiration of the contract period.
B. On March 29, 2016, a lease agreement between the Plaintiff and Defendant D between the Plaintiff and the Plaintiff’s representative E, and the Defendant D as indicated in paragraph (2) of the attached Table No. 2 of Real Estate owned by the Plaintiff (hereinafter “instant building No. 2”).
(2) Defendant D entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D, between April 1, 2016 and March 30, 2020, while the lease period is KRW 24 million for the lease period, until March 30, 2016, and the remainder KRW 12 million until March 30, 2016, and until March 30, 2018 (hereinafter “instant lease agreement”) (hereinafter “each of the instant lease agreements”) with Defendant D included an agreement with the Plaintiff to pay KRW 50 million for the premium to Defendant D upon the expiration of the lease period.
C. Meanwhile, at the time of the instant lease agreement, Defendant C repaid each of the rent of KRW 5 million to the Plaintiff, and KRW 5 million on July 23, 2018. Defendant D repaid each of the rent of KRW 12 million at the time of the instant lease agreement, and KRW 12 million on December 4, 2018, respectively.
[Ground of recognition] Evidence Nos. 1, 6-1, 2, and 9-2 of evidence Nos. 1, 2, and 9 are all the arguments.