손해배상
1. The plaintiff's appeal shall be dismissed.
2. The part of the claim extended by this court among the lawsuits in this case shall be dismissed.
3...
1. Basic facts
A. The Plaintiff is a cooperative with the purpose of white and mushroom growing business.
The Defendant was a juristic person established for the purpose of installation, operation, etc. of facilities related to mushroom, and was leased from the Vindication-gun, Incheon Vindication-gun, and the buildings for mushroom cultivation on its ground (hereinafter “instant land and buildings”).
B. On October 22, 2014, D, the Defendant’s representative director, entered into a lease agreement on behalf of the Plaintiff on behalf of the Defendant for a fixed term of KRW 100,000,000, KRW 5,500,000, and the contract term from December 1, 2014 to December 2016 (hereinafter “instant lease agreement”).
The Plaintiff paid 100,000,000 won to the Defendant, and received the instant building from the Defendant.
C. On June 3, 2016 and October 17, 2016, the Defendant sent to the Plaintiff a content-certified mail containing the following contents: “The contract term with the Vindication-gun is anticipated to be terminated on or around October 2016, and the instant lease contract is anticipated to be terminated on or around October 2016; thus, the Defendant is expected to notify the termination of the contract at the same time as the termination of the lease expires, and deliver the instant building to the Plaintiff.”
The loan agreement between the defendant and the pool-gun regarding the building of this case was terminated on October 31, 2016.
The Plaintiff continues to possess and use the instant building from November 1, 2016 to the date, and did not pay to the Defendant the rent from June 1, 2016.
E. The Defendant filed a lawsuit against the Plaintiff to seek delivery of the instant building on the ground that the instant lease contract was terminated due to the Incheon District Court’s 2016Kadan56716 case, and the said court filed a lawsuit to seek delivery of the instant building. On December 20, 2017, the Plaintiff delivered the instant building to the Defendant, and simultaneously received KRW 75,00,000 from the Defendant, and delivered the instant building from November 1, 2016 to the delivery date of the instant building at the rate of KRW 5,00,000.