부동산임대차계약 및 중재약정 부존재확인
1. On April 26, 2012, the real estate indicated in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is located.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
On March 30, 2007, the Plaintiff entered into a lease agreement to lease the lease deposit amount of KRW 30 million per annum, KRW 30 million per annum, and KRW 30 million per annum, and the lease period of KRW 50 million with KRW 1643 square meters per annum for the lease of KRW 30 million, KRW 30 million per annum, and KRW 5 years.
On August 20, 2007, the Plaintiff entered into a lease agreement with I, J, and Gangwon-do to lease approximately KRW 600,000,000,000 for lease deposit, KRW 2 million for rent, and the lease period from August 20, 2007 to December 31, 2007.
On April 1, 2012, the Plaintiff entered into a lease agreement with M on April 1, 2012 (the husband of N, a director of the Plaintiff) to lease to M by setting the lease period from April 1, 2012 to March 31, 2013, with respect to the real estate for the Oluri-gun in Gangwon-do owned by the Plaintiff, including real estate listed in the separate sheet (hereinafter “instant real estate”).
On the other hand, on January 2012, M proposed that Q and R, the husband of the Defendant’s intra-company director P, should promote a new project on the real estate upon the expiration of the lease term under the existing lease agreement (Lessee C, I, etc.) on the real estate in this case.
Accordingly, around April 2012, M, Q and R agreed that “The instant real estate shall be leased from the Plaintiff Company and shall operate the parking lot business, and the project undertaker shall be the Defendant Company, respectively. The project undertaker shall collect KRW 50 million, respectively. However, the project undertaker shall invest in the manner of investing the said money in the Defendant Company to the extent that the Defendant Company is the company. Of KRW 150,000,000,000, the first priority of the above real estate shall be paid as rent for the said real estate, and the remainder of KRW 30,000,000 shall be used as a room and for the installation cost of the solar power generator. The next rent shall be adjusted in consideration of the business profits at the end of the year.” Q already agreed that Q shall substitute its wife and 50,000,000,0000,0000,0000 paid by P and 50,000,000,000.