건물
1. The Defendant (Counterclaim Plaintiff) jointly delivers to the Plaintiff (Counterclaim Defendant) the real estate indicated in the attached Form.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The facts of recognition are as follows: ① comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1, 4, and 9 (including additional numbers), the Defendants agreed on July 25, 2014 on the lease deposit amounting to KRW 50 million, monthly renting KRW 350,000 (each 24th of the payment date), management expenses monthly (i.e., KRW 4,000 x 183 square x 183 square x 183 square x July 25, 2014; ② The representatives of the Defendants agreed on July 13, 2015 that the instant lawsuit was in arrears to the Plaintiffs on June 13, 2015, and the fact that the Defendants did not pay to the Plaintiffs until June 30, 2015 can be acknowledged.
2. According to the facts found in the judgment on the claim of this case, the lease of this case’s building was duly terminated on May 8, 2015, on the premise that the Plaintiffs terminated the lease contract against the Defendants on the ground of a tea.
Therefore, the defendants are jointly obligated to deliver the building of this case to the plaintiffs.
3. Judgment on the counterclaim
A. The Defendants asserted that the second floor area of the instant building was 456.75 square meters, but the leased area was indicated in the lease contract as 604.96 square meters (183 square meters) and received rent and management expenses from the Defendants. Therefore, the Plaintiffs should refund rent and management expenses equivalent to 148.21 square meters, which is the difference in the above two areas, among rent and management expenses received from the Defendants.
B. Comprehensively taking account of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4 evidence Nos. 1, the instant building is a building of the size of 7 stories above the ground of 2 stories below the ground of 2 stories, and is a machine room with the size of 851.07 square meters below the ground of 2 stories below the ground of 101.36 square meters below the ground level, a parking lot with the size of 519.73 square meters below the ground level, and a 107 square meters out of 39.