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1. The defendant-Counterclaim plaintiff's counterclaim that is changed in exchange at the trial is dismissed.
2. After an appeal is filed.
Reasons
1. The court of first instance rendered a judgment that partly accepted the plaintiff's claim of the main lawsuit and dismissed the defendant's claim of the counterclaim. Accordingly, since only the defendant appealed the part concerning the counterclaim among the judgment of the court of first instance and changed the claim for the counterclaim in exchange for the counterclaim, only the part concerning the claim for the counterclaim changed in the court of first instance is subject to the judgment of the court of first instance, and it
2. Basic facts
A. On October 24, 2014, the Plaintiff entered into a contract with the Defendant for the lease of KRW 50,000,000, monthly rent of KRW 2,500,000, and KRW 2,500,000 from December 1, 2014 to December 1, 2016, with a view to operating a general restaurant in the name of “C” (hereinafter “instant store”). Around November 2, 2016, the Plaintiff entered into the first lease contract with the Defendant for the lease of KRW 3,135,00 (monthly rent of KRW 2,70,00,000, KRW 150,000, KRW 150,000, KRW 285,005,00, KRW 285,005,00) from among the buildings located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant store”). From December 1, 2016 to December 13, 2017.
B. On December 2, 2016, the Defendant submitted to the Plaintiff an application for conciliation with the Ulsan District Court Decision 2016Ma12745, which sought the removal of the entrance vinyl, etc. and the transfer of the store of this case, but the conciliation was not completed and the lawsuit was conducted under the above court 2017Ma51237. On November 8, 2017, the above court dismissed the part seeking removal of the Plaintiff’s interior interior interior interior interior interior interior interior interior interior. The Defendant issued a judgment to the effect that “the Plaintiff removes the parts of the building owned by the Defendant without permission and deliver the store of this case,” and the above judgment became final and conclusive as it is.
C. Meanwhile, the Plaintiff removed from the store of this case on November 25, 2017, after the above judgment and the judgment of the first instance court of this case.
According to the attached Table 2 written by the defendant, the defendant's store of this case.