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1. The Defendant (Counterclaim Defendant) indicated the Plaintiff (Counterclaim Defendant) on the attached Form No. 5, among the 659.25 square meters of the 1st floor of the building indicated in the attached list.
Reasons
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. On May 27, 2009, the Plaintiff completed the registration of ownership transfer on the same day as the sale price was made by the highest price buyer and completed the registration of ownership transfer on the same day.
나. 피고는 원고가 위와 같이 매각대금을 다 내기 전부터 이 사건 건물 1층 중 별지 도면 표시 5, 6, 7, 8, 9, 10, 11, 12, 24, 25, 26, 27, 28, 29, 5의 각 점을 차례로 연결한 선내 ㈎ 부분 330.578㎡(약 100평, 이하 ‘이 사건 음식점’이라고 한다)를 포함한 부분(이하 ‘이 사건 음식점 등’이라고 한다)에서 ‘D’이라는 상호로 음식점을 운영하며 점유사용하여 왔다.
C. On July 22, 2011, the Plaintiff filed a lawsuit against the Defendant for the delivery of the instant restaurant, etc. and the payment of unjust enrichment equivalent to the rent from June 4, 2010.
Accordingly, on June 14, 2012, the above court rendered a ruling that the Defendant shall deliver the instant restaurant, etc. to the Plaintiff on the ground that the lease contract concluded between E and the instant restaurant, etc. on November 4, 2009 by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 400,000, and the lease term of KRW 2 years was lawfully terminated in accordance with the Plaintiff’s declaration of termination on July 28, 2011 due to the Defendant’s failure to pay two or more rents, and that the Defendant shall pay the Plaintiff unjust enrichment at the rate of KRW 400,00 per month from June 4, 2010 to the completion date of delivery of the instant restaurant, etc. (the above ruling became final and conclusive as it is).
C. On August 7, 2012, the Plaintiff entered into a lease agreement between the Defendant with the amount of KRW 15,00,000 for the instant restaurant, as well as KRW 700,00 for the monthly rent from August 8, 2012 to August 7, 2014.
On September 7, 2014, the Plaintiff is about the restaurant of this case between the Defendant and the Defendant.