건물명도 등
1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:
Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
On July 13, 2006, the Defendant entered into a lease agreement with E to lease the instant commercial building at KRW 50,000,000 for lease deposit, and KRW 260,000 for monthly rent. The instant commercial building operated a certified real estate agent office with the trade name of licensed real estate agent, and the Plaintiff is an employee of the said brokerage office.
The Plaintiff and the Defendant, around 2006, agreed to purchase from the principal seller the Yongsan-gu Seoul Metropolitan Government 26 dong-gu 1901 (hereinafter “instant apartment”) about KRW 200,000 on the condition that the Plaintiff would own the shares of 1/3 and 2/3 of the shares, but the Defendant purchased the entire shares of the instant apartment from the principal seller and complete the transfer of ownership.
Accordingly, the Plaintiff paid KRW 200,000,000 to the Defendant and occupied the apartment of this case.
After preparing a performance memorandum, etc., on June 13, 201, the Defendant transferred the lease deposit amount of KRW 50,000,000 to the Plaintiff, and notified the lessor E of the transfer of the right. On August 1, 2011, the Defendant concluded a lease contract with the Plaintiff for the instant commercial building at KRW 35,00,000 in the name of the Plaintiff.
On October 19, 2011, the Defendant prepared and issued to the Plaintiff a letter of performance stating that “if the Plaintiff fails to comply with the agreement by December 31, 201, other real estate is provided as security, and if the collateral is not performed, the security deposit and rights to the instant commercial building shall be waived, and if all settlement is reached after December 31, 201, before the instant apartment is arranged, the security deposit and rights to the instant commercial building shall be refunded to the Defendant.”
In addition, the Defendant, on January 2, 2012, deducted KRW 50,00,00 borrowed by the Plaintiff from the total amount of the settlement as of December 31, 2019,865,680 as of December 31, 201, among KRW 169,865,680.