(영문) 서울고등법원 2016.03.25 2015나17410

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2016.03.25 2015나17410

건물명도

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1. The part regarding the counterclaim in the judgment of the first instance, including the counterclaim claim that the Defendant-Counterclaim Plaintiff added at the trial.

Reasons

1. The Plaintiff sought payment of the unpaid rent to the Defendant as the claim of the instant principal lawsuit. As to this, the Defendant asserted that it did not have to pay the unpaid rent and the loan paid in excess of the rent, and sought the return of the rent and the loan that were paid in excess of the claim of the instant counterclaim, and the lease deposit following the termination of the lease contract.

The first instance court dismissed the plaintiff's claim of this case and partly accepted the defendant's counterclaim of this case, which only the defendant appealed against the defendant among the part concerning the counterclaim of this case in the first instance judgment.

Therefore, as long as the first instance court judged the principal lawsuit and the counterclaim by a single judgment, all of the claims of this case and the counterclaim claims are transferred to the appellate court, the appellate court, but the claims of this case, which do not have any lawsuit, are not subject to the judgment of the first instance court, and only the claims of this case, which the defendant appealed, are subject to the judgment of the first instance court.

2. Basic facts

A. On August 25, 2008, C, the husband of the Plaintiff, set the lease deposit amount: KRW 20 million; KRW 14,000,000 per month; and the lease period: by August 30, 2013, the Defendant leased the commercial building of the first and fourth underground of Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant building”).

B. The Defendant paid KRW 200 million to C, and operated a massage place in the trade name “F” from the instant building to E and the same business.

C. C died on October 24, 2010, and the Plaintiff and G (C and the Plaintiff’s children) completed the registration of ownership transfer based on testamentary gift on April 14, 201.

On April 19, 2011, the Plaintiff agreed to succeed to the status of a lessor of the said lease agreement with the Defendant, and the Plaintiff agreed to “lease deposit: KRW 200,000 per month: KRW 17,00,000 per month, and the lease period: 60 months from the date of delivery” (hereinafter “instant lease agreement”).

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