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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2.(a)
The plaintiff (Counterclaim defendant) is Seoul.
Reasons
1. Facts of recognition;
A. On October 25, 2009, the Plaintiff concluded a lease contract with the Defendant for a deposit of KRW 5 million, monthly rent of KRW 400,000,000,000 from October 25, 2009 to October 25, 201, with respect to a building 49.5 square meters (hereinafter “instant store”) on land in Jung-gu, Seoul (hereinafter “instant building site”), and paid KRW 5 million to the Defendant.
B. On January 1, 2010, the Plaintiff completed the business registration with the trade name “D” using the instant store as the place of business. However, the Plaintiff did not actually run the business at the instant store.
C. The Plaintiff did not pay a rent after the instant lease agreement, and the Defendant filed a lawsuit against the Plaintiff seeking to deliver a store. On November 4, 2010, the Plaintiff and the Defendant confirm that the instant lease agreement is valid between the Plaintiff and the Defendant. 2. The Plaintiff, on May 1, 2010 and October 31, 2010, paid the rent of KRW 2.4 million in installments to the Defendant. 3. If the Plaintiff did not pay KRW 2.4 million by January 30, 2011, the Plaintiff immediately deliver the instant store to the Defendant. 4. The Plaintiff, on November 1, 2010, paid the monthly rent of KRW 400,000 to the Defendant on November 1, 2010 (the rent of KRW 30,000,000,000,000,000 to November 1, 201).
(Seoul Central District Court 2010ss38003). d.
Since then, the Plaintiff newly constructed a cement block pent roof single-story house (hereinafter “the instant house”) on the ground of eight square meters in line, which connects each point of E, F, G, H, and E, in order to use it as a restaurant room on the side of the instant store.
The site of this case has a separate building used for a single dynasium in addition to the store of this case. In order to operate a single dynasium with E ( husband of the plaintiff) and F, the lease contract of this case before the lease of this case.