전세금반환
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
On May 6, 1996, the Plaintiff’s intention to acquire occupancy and use rights granted to the Dong Building Industry Co., Ltd. and Gyeongwon City Development Co., Ltd. (hereinafter “Dong Building, etc.”) for 20 years of free use (til May 5, 2016) (hereinafter “Dong Building, etc.”) the right to manage and operate the C Station Underpasses.
On May 6, 1996, the Defendant entered into a contract on occupation and use of 206 m206 m2 (15.5 m2) and 207 m2 (15.5 m2 (hereinafter “instant 207m2”) with the Do Government-si, the Do-si, a part of the above C-si’s underground shopping mall (hereinafter “instant 15m206m2”) and 10 m207m2 (hereinafter “instant 207m2,” and collectively “each of the instant 206 and 207m2”).
On July 30, 2015, the Defendant entered into a lease agreement with the Plaintiff on the condition that the instant subparagraph 2,06 is to be leased by setting the lease deposit amount of KRW 3 million and the term of lease from August 17, 2015 to May 5, 2016, and the instant subparagraph 2,07 also entered into the same lease agreement (hereinafter “each of the instant lease agreements”).
Each of the instant lease agreements is subject to the following special agreements:
2. No lessee may demand the lessor to pay any facility and premiums.
5. The expiration date of the occupancy and use period shall be May 5, 2016 and shall follow consultations with the Government and the Government after the expiration date.
6. Term of lease shall be until May 5, 2016, the date on which an underground shopping district expires.
The Plaintiff paid KRW 600,000,000 to the Defendant as a deposit for lease for each of the instant commercial buildings on July 30, 2015, KRW 400,000 on August 2, 2015, and KRW 5 million on August 17, 2015.
The government market of the lease agreement between the defendant and the Gu government around July 2015 shall inform the government of the ownership of the C Station underground shopping districts, the right to occupy and use underground shopping districts and the right to manage Dong Building Construction, etc. shall be terminated on May 5, 2016, and include the following matters around January 2016.