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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On May 12, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Seongbuk-gu Seoul Building with the Defendant, setting the lease term as KRW 50 million from May 31, 2017 to May 31, 2019, with respect to the real estate in the attached list (hereinafter “instant real estate”) located in the Seongbuk-gu Seoul Building with the fifth floor (hereinafter “instant building”).
At the time of the instant lease agreement, the Plaintiff and the Defendant entered into the following special agreements:
Matters of special agreement
2. Recognizing the pharmacy monopoly rights in this building.
3. The owners of buildings shall cooperate in the construction of merdi buildings;
4. The lessor shall be exempted from the monthly rent for a period of three months from the date of the contract;
5. The monthly rent of a member shall be three million won or less when he/she rents a house or less;
(A) 8. The premium for commercial buildings shall be l0 million won and shall be paid to the lessor in full at the time of the contract (excluding surtax).
(B) The premium is related to the location of commercial buildings in the railway station area and the right to operate a pharmacy in the main building).
On May 2017, the Plaintiff, after receiving the instant real estate from the Plaintiff and completing human subjects construction, operated a pharmacy under the trade name of “D pharmacy.”
C. After the opening of a pharmacy, the Plaintiff notified the Defendant of the cancellation of the instant lease agreement on October 2, 2017, on the ground that he/she violated the obligation to build a Medi building, while leaving the instant real estate on October 27, 2017.
However, the Plaintiff did not return the key to the instant real estate to the Defendant until now.
On May 24, 2018, the Defendant notified the Plaintiff of the termination of the instant lease agreement on the grounds of arrears for at least three (3) years of rent, and on June 1, 2018, deposited the lease deposit KRW 50 million with the Seoul Central District Court.
(No. 13520) [based on recognition] of 2018, without dispute, Gap evidence 1 through 6 (including branch numbers; hereinafter the same shall apply), Gap evidence 17;