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1. All of the appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaims additionally added in the trial are dismissed.
2...
Reasons
1. Basic facts
A. 1) The Plaintiff and the Defendant entered into the instant lease agreement. Each of the real estate listed in [Attachment 3 List 1] on September 1, 2007 in [Attachment 3 List 1].
land described in subsection (b) shall be referred to as “instant land,” and attached Table 3 No. 1-b.
The building described in subsection (a) shall be referred to as the “instant building,” and the “instant real estate” shall be referred to in the total sum of the above land and buildings.
2) As to the Plaintiff’s lease agreement, the Plaintiff’s lease of the instant real estate to the Defendant (hereinafter “instant lease agreement”).
(A) The contract was concluded (However, the subject land is indicated as “C 1,123 square meters in Namyang-si,” and the subject land is indicated as “C 1,123 square meters.”
[] Deposit KRW 400 million and monthly rent of KRW 1.5 million: From September 3, 2007 to September 2, 2010, a lessee under Article 3 (Change of Use, Sub-lease, etc.) shall not change the purpose or structure, etc. of the above real estate, nor sub-lease, transfer the right of lease or offer the security, nor use it for purposes other than those of the lease without the consent of the lessor. Article 5 (Termination of the lease ① Where the lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
Matters of special agreement
1. In the event of damages to the lessee due to the provisional disposition of the C claim for ownership transfer registration, the lessor will compensate the amount of the damages;
2. He/she shall thoroughly observe matters prohibited from altering the purpose of use, sub-lease, etc. of the contract;
3. The network, which is the boundary of the neighboring land, shall not be arbitrarily removed.
4. Not demanding the lessor to pay any premium, facility cost, etc.;
5. If a lessee has installed an illegal building, attached object, altered the purpose of use, etc., he/she shall bear all civil and criminal responsibilities arising therefrom;
2. The Defendant shall pay the lease deposit to the Plaintiff around that time, and receive delivery from the Plaintiff of the instant real estate and the land, etc. owned by the Plaintiff, and the first floor of the instant building is “D” restaurant.