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1. The Defendant (Counterclaim Plaintiff) pays KRW 40,322,581 to the Plaintiff (Counterclaim Defendant).
2. The remainder of the plaintiff (Counterclaim defendant).
Reasons
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽11호증, 을 1∽3, 6호증(가지번포 포함)의 각 기재, 변론 전체의 취지 ① 피고는 2011. 1.경 한국철도시설공단으로부터 국유재산인 서울 구로구 C 철도용지 중 21㎡(이하 ‘이 사건 토지’)에 관하여 사용목적을 휴게음식점 및 판매점, 사용기간을 2011. 1. 1.부터 2014. 12. 31.까지로 한 사용허가를 받았다.
② The Defendant, on the instant land, has installed a fluorite steel-frame temporary building of the first floor (hereinafter referred to as “instant facilities”) and operated resting restaurants.
On June 23, 2014, the Defendant concluded a lease contract between the Plaintiff and the Plaintiff with respect to the instant land and facilities (hereinafter collectively referred to as “instant real estate”), setting the lease deposit amount of KRW 50 million, monthly rent of KRW 4 million, monthly rent of KRW 4 million, and February 20, 2016 from the delivery date of the lease term ( July 1, 2014) to February 20, 2016.
The plaintiff paid KRW 50 million to the defendant, and the defendant delivered the real estate of this case to the plaintiff.
① The Defendant filed an application with the Korea Rail Network Authority for permission to extend the period of use of the instant land, and on November 4, 2014, the Korea Rail Network Authority notified the Defendant that the permission for use could not be extended on the ground that “the Defendant is delinquent in paying approximately KRW 360 million for the parking lot in the D Station and Seodaemun-gu Seoul Seomun-gu Seoul (including indemnification).”
② On May 13, 2015, the Korea Rail Network Authority issued a removal order and a vicarious dismissal to the Defendant.
③ The Defendant filed a lawsuit against the Korea Urban Railroad Corporation to revoke the revocation of the permission for use of state property, 2015Guhap6118, 2016Nu32635, 2016Nu32635, 2016Du47840, but the court of final appeal was sentenced to the dismissal judgment, and the appellate court was also sentenced to the Seoul 2015Guhap6583, 2015, 2016Nu464, 300.