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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. Basic facts
A. The Plaintiff is affiliated with L religious organizations, and the Defendant served as the Plaintiff’s standing tree officer by July 3, 2013.
나. 원고는 2007. 2. 27. C로부터 별지1 기재 건물(이하 ‘302호’라 한다)을 임대차보증금 1억 원에 임차하였다가, 2013. 3. 27. C 등으로부터 소유권을 이전받은 D와 사이에 임대차기간을 2013. 3. 27.부터 2015. 12. 30.까지로 하여 302호는 임대차보증금 1억 원에, 별지2 기재 건물 중 별지3 도면 표시 1, 2, 3, 4, 1의 각 점을 순차로 연결한 선내 ㈎ 부분 78.5㎡(이하 ‘1층 임차부분’이라 하고, 302호와 1층 임차부분을 통틀어 '이 사건 각 건물‘이라 한다)는 임대차보증금 500만 원, 월 차임 40만 원에 각 임차하는 내용의 임대차계약을 체결하였다.
C. The plaintiff used each of the buildings of this case as a company house for the plaintiff's holding tree, and used each of the buildings of this case to the defendant appointed as the plaintiff's holding tree company without compensation.
On May 4, 2013, the District Personnel Committee to which the Plaintiff belongs decided to the effect that the Defendant lost the Plaintiff’s position of standing timber as of July 4, 2013.
E. The defendant is currently using 302 as a company house, and the first floor leased part as a place where books, computers, etc. are kept.
[Ground of recognition] Facts without dispute, Gap's 1 through 3, 5 through 7, 9 through 11, 13, 17 through 19 (including provisional numbers, hereinafter the same shall apply), Eul's entries and the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. According to the facts found in the determination on the request for the delivery of each of the instant buildings, the Plaintiff and the Defendant concluded a loan agreement for use with the content that the Plaintiff and the Defendant would use each of the instant buildings free of charge during the Plaintiff’s temporary burial positions.
However, on July 4, 2013, the above loan agreement is expired because the defendant lost the plaintiff's position of a pastor.