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1. The Defendant (Counterclaim Plaintiff) from February 24, 2019 to the Plaintiff (Counterclaim Defendant) at KRW 35 million from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition and judgment
가. 임대차계약의 종료 1) C, D은 원래 별지 부동산 목록 기재 부동산의 공유자였는바, D이 C으로부터 임대차계약의 체결 권한을 위임받아 자신과 C 명의로 2008. 9. 초경 피고와 위 부동산 중 별지 도면 표시 1, 2, 3, 4, 5, 1의 각 점을 차례로 연결한 선내 ㈎부분 58.26㎡(이하 이 사건 부동산이라 한다
A) As to the lease deposit, KRW 35 million, monthly rent of KRW 1760,00 (including value-added tax), and the lease was concluded to deliver by September 23, 2010. The Defendant opened and operated a coffee specialty store with the trade name “E” upon delivery of the instant real estate from C, etc. Upon the expiration of the above period. (ii) After the termination of the above period, the lease contract was renewed and the Defendant continued to operate a coffee specialty store on November 27, 2015, while the Defendant continued to operate a coffee store in the instant real estate, the heir succeeded to the lessor’s status. The Plaintiff purchased all the buildings listed in the list of attached real estate from F on April 3, 2017 and D on September 23, 2017, and succeeded to the lessor’s status pursuant to Article 3(2) of the Commercial Building Lease Protection Act.
3) On June 12, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that he/she would not renew the instant real estate lease agreement, and the said content-certified mail was delivered to the Defendant on June 13, 2017. On the other hand, the Defendant continued to pay the monthly rent of KRW 1760,000 to the Plaintiff without delay. The last payment date of the monthly rent is February 28, 2019.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2-2, purport of the whole pleadings]
B. According to the fact that the defendant's duty to deliver the real estate of this case was recognized, the plaintiff who succeeded to the status of the lessor at the original time while the above lease was maintained for a period of not less than five years from the date of delivery.