1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The defendant (Counterclaim plaintiff) shall list the plaintiff (Counterclaim defendant) in attached Form.

1. Determination as to the main claim

가. 인정 사실 피고는 2010. 5. 13. 원고로부터 별지 목록 부동산 1층 515.64㎡ 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ을 차례로 연결한 선내 ㈎부분 39.7㎡(이하 ‘이 사건 점포’이라 한다)를 임대차기간 2010. 5. 31.부터 2011. 5. 30.까지로 정하여 임차하기로 하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하고, 이 사건 점포를 점유, 사용하고 있다.

After the expiration of the lease term, the instant lease contract was implicitly renewed, and the Plaintiff notified the Defendant of his intention to refuse the renewal of the contract after May 30, 2015, when the instant lease term expires by serving the written complaint of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings

B. Determination 1) As to the Defendant’s duty of delivery, the instant lease agreement was implicitly renewed, and terminated on May 30, 2015, the term of lease expires, the Defendant is obligated to deliver the instant store to the Plaintiff upon the termination of the instant lease agreement. (2) The Defendant leased the instant store and remodeled the roof and ceiling, and paid KRW 30 million for the construction of the toilet repair and water pipe, while performing the construction of the toilet repair and water pipe. The said expenses fall under the necessary expenses or beneficial expenses, and thus, the Plaintiff is obligated to reimburse the said expenses.

In the event of the termination of the lease relationship, it is a special agreement that the lessee of a building agrees to restore the building to its original state and order the lessor to leave the right to demand reimbursement for various beneficial or necessary expenses incurred in the building.

(see, e.g., Supreme Court Decision 95Da12927, Jun. 30, 1995). A’s statement of evidence No. 1 is examined.