건물인도 및 임대료
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is to the Defendant (Counterclaim Plaintiff) on 11,059.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 21, 2012, the Plaintiff entered into a lease contract with the Defendant and the attached list (hereinafter “instant store”) with respect to the store (hereinafter “instant store”), with a lease deposit of KRW 20 million, monthly rent of KRW 1,300,000 (in the case of subsequent payment on March 3, 201), the lease term of KRW 1,30,000 (in the case of subsequent payment on January 21, 2012), from November 21, 2012 to December 2, 2013 (hereinafter “instant lease contract”), and the Defendant operated a English private teaching institute in the instant building.
B. Since then, the Plaintiff’s husband C (Operation of Dschool in the instant store) and the Defendant, upon the Defendant’s request on July 3, 2013, prepared a lease agreement with respect to the instant building from July 3, 2013 to July 2, 2014, according to the Defendant’s request that it is necessary for business change.
C. While the Defendant delayed the monthly rent from October 2013 and considered whether to continue to operate a private teaching institute, the Plaintiff’s husband C introduced students from the private teaching institute operated by the Defendant to the Defendant on December 2, 2013, and proposed that the Defendant would open a high school school course at the private teaching institute operated by the Defendant and run the same advertisement as that of the private teaching institute operated by the Defendant, instead, demanded the Plaintiff to deliver the instant store to the Plaintiff even before the end of March 2014, and the Defendant agreed to this.
On August 2, 2014, the Plaintiff demanded the Defendant to deliver the instant store. On August 5, 2014, the Plaintiff entered into a sales contract between E and the building of this case with the purchase price of KRW 235 million on August 14, 2014, and received the down payment of KRW 23.5 million on the same day.
E. Meanwhile, C introduced 503 units of the same building as the instant store to be transferred to the Defendant. On August 18, 2014, the Defendant prepared and sent the following documents to the Plaintiff.
The instant building.