부동산인도 등
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall:
(a) deliver the real estate listed in Appendix 1;
(b) 254,220,000; and
Basic Facts
On October 10, 2010, the Plaintiff entered into a provisional agreement with C to lease real estate listed in attached Form 1 (hereinafter “instant real estate”) with a lease deposit of KRW 500,000,000, and with a lease deposit of KRW 500,000 from November 1, 2010 to November 1, 2014 (hereinafter “instant provisional agreement”).
Based on the instant provisional contract, on November 3, 2010, the Plaintiff concluded a lease agreement with E, who is a partner of C, to set the lease deposit of the instant real estate amounting to KRW 100,000,000, and the lease term from November 3, 2010 to November 2, 2014 (hereinafter “the first lease agreement”).
On the other hand, even though the contract of this case decided to pay KRW 500,000,000 for the lease deposit in the first lease agreement, as to the portion of KRW 100,000 for the lease deposit in the first lease agreement, E, on November 11, 2010, made an agreement to pay KRW 7,000,000 to the Plaintiff as interest for the difference of the above lease deposit amount of KRW 400,000 for the amount of KRW 400,000 for each month.
(hereinafter “instant agreement.” On January 20, 201, the Plaintiff and E had a settlement prior to the filing of a lawsuit on the first lease agreement of Suwon District Court 2010No. 113, which includes the content that “5. Lessee cannot use the said real estate for any purpose other than the telecom (in particular, the second floor neighborhood living facilities cannot be used for any other purpose)” and the content that “the lessee shall not use the said real estate for any purpose other than the telecom,” and that “the Plaintiff shall not claim for beneficial expenses, premium, facility cost, etc. against the Plaintiff.”
The Defendant was operating “Gmotour” located in E and Songpa-gu Seoul, but around February 2012, the Gamoto shall be independently operated by E in the course of settling the partnership with respect to this, and the Domotour operated by E shall be the Defendant, and E.