건물인도 등
For the plaintiff (Counterclaim defendant),
A. Defendant (Counterclaim Plaintiff) received KRW 7,870,968 from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts of recognition are acknowledged either in dispute between the parties or in combination with the overall purport of the arguments in each video of Gap evidence of No. 1, 3, and 4, Eul evidence of No. 4 and No. 5 and each video of No. 8-1 to No. 4.
A. On October 22, 2018, the Plaintiff received from E a registration of transfer of ownership on September 20, 2018 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. Defendant C was an existing lessee of the part indicated in Section 1-A of the Disposition (hereinafter “instant building”) among the instant real estate, and Defendant D was an existing lessee of the part of the instant real estate re-building (hereinafter “instant building”).
The defendants have been operating commercial sex acts establishments in each of the above buildings that are borrowed from the previous owners.
(c)
On October 25, 2018, the Plaintiff entered into a lease agreement with Defendant C on the condition that the instant building is leased KRW 30,000,000, monthly rent of KRW 4,000,000, and the term of lease from October 22, 2018 to October 21, 2019, and received the said lease deposit from Defendant C.
(d)
Defendant D was the previous owner of the instant real property
E) The instant building was leased at KRW 30,000,000, monthly rent of KRW 4,000,000, but the Plaintiff agreed to succeed to the existing lease agreement with Defendant D as it is.
At the time when the Plaintiff acquired the ownership of the instant real estate, Defendant D was in arrears for a long period of time, and the amount in arrears remains 16,000,000 won after deducting all of the amount in arrears from the existing lease deposit.
E. On April 24, 2019, Defendant D prepared a written confirmation stating that the sum of the overdue rent at the time of the continuation of the existing lease to the Plaintiff was KRW 16,000,000, and that the sum of the overdue rent after the Plaintiff succeeded to the status of the lessor was KRW 24,00,000.
F. The Plaintiff, the Defendant.