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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the drawings of real estate in the attached Form 16.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 1, 2011, the Plaintiff leased the leased deposit amounting to KRW 10 million, monthly rent of KRW 80,000,000, and the lease period of KRW 24 months to the Defendant, indicating the drawings of real estate (A) in the attached Form No. 16.53 square meters (hereinafter “instant store”).
B. On December 15, 2014, the Plaintiff sent to the Defendant a notice of termination of the lease to the effect that the contract will not be renewed any longer at the expiration of the lease term, while the lease contract is implicitly renewed even after the termination of the lease term.
[Reasons for Recognition] Evidence No. 2, Evidence No. 3-1, the purport of the whole pleadings
2. According to the facts of the judgment on the claim of the principal lawsuit, the above lease contract was terminated on March 31, 2015, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff.
For this, the defendant asserts that the contract renewal request under Article 10 (1) of the Commercial Building Lease Protection Act may be made, and therefore, pursuant to Article 10 (2) of the same Act, the defendant may claim the existence of the lease term from April 1, 2011 to March 31, 2016, which is the first lease contract date for the store of this case, can not be complied with.
However, according to the purport of Gap evidence 1-1, No. 1-2, Gap evidence 4, Eul evidence 5-1, Eul evidence 5-2, Eul's testimony, Eul's testimony, Eul's response to the order to submit tax information on North Korea's tax investigation report, and the whole purport of the pleadings, the defendant, around April 19, 201, leased the plaintiff's store of this case from Eul, the plaintiff, as his representative, registered the business with the trade name of Euntil now, operated the beauty room while maintaining the above business registration. D's death on January 28, 202, after Eul succeeded to the store of this case by the plaintiff's spouse, and the plaintiff succeeded to it on February 17, 2008. Thus, the first lease contract for the defendant's store of this case on April 19, 201.