1. The Defendant (Counterclaim Plaintiff) is a single floor of the ground reinforced concrete structure C in Hadong-dong, Hadong-gun, Gyeongnam-gun, Gyeongnam-gun.

1. Basic facts

A. The Plaintiff obtained permission for the use of the part of the store (A), 19.8 square meters (hereinafter “instant store”) located in a store (hereinafter “instant store”) located in a Hadong-gun, Hadong-gun, Hadong-gun, which was located in a public market established by the Hadong-gun by the Hadong-gun, for the part of the store (A), which was connected in order to each point of the items indicated in the annexed drawing No. 8, 9, 12, 13, and 8, among the 296-52 square meters of neighborhood living facilities in the Do-dong-dong-gun, Hadong-gun

B. Around July 2016, the Defendant received the key from F, the Plaintiff’s wife, to the entrance door of the instant store. Around that time, the Defendant installed the store board and the gas temperature water and moved.

C. Article 7(1) of the Ordinance on the Management and Use of the Public Market in the Lower-gun, Si/Gun provides that “In addition to succession by inheritance, an employer shall not transfer or hold office for another person without permission of the head of Si/Gun.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 2, Eul evidence 3-1 to 3, Eul evidence 4-1 to 4-4, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the above finding as to the request for extradition, the defendant is obligated to deliver the instant store to the plaintiff who subrogated to Hadong-gun.

(B) The defendant acknowledged that he had the obligation to deliver the store of this case to the plaintiff, and argued that the delivery of the duplicate of the counterclaim of this case substituted the notification of delivery performance, but unless the defendant did not provide reality, the above oral offer cannot be deemed to be a lawful provision of implementation).

The plaintiff asserted 1 of the plaintiff as to the claim for damages caused by illegal possession shall notify the defendant of the impossibility of holding office of the store of this case in accordance with the Hadong-gun Ordinance on the Management and Use of the Public Market, and demand the return of the entrance key of the store of this case. However, the defendant moved cosmetic equipment, etc. to the above store and operated beauty room business.