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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall attach attached Form 1 to the defendant (Counterclaim plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 28, 2013, the Plaintiff entered into a sub-lease contract (hereinafter “instant contract”) with the Defendant, the lessee, with a view to directly paying the rent for the store and cancelling the sub-lease contract (hereinafter “the instant contract”) for the size of 12.82 square meters in the attached Table 1 (hereinafter “instant store”) with respect to the portion of (A) section 12.82 square meters in the ship connected with each of the said items in sequence. The Plaintiff is occupying the instant store by delivery of the instant store at around that time.
B. On September 16, 2014, Samkdong Co., Ltd. (hereinafter “Songdong Co., Ltd.”) purchased the building of this case from Sambu case Co., Ltd. and completed the registration of ownership transfer, and concluded a lease contract with the Defendant et al., the Defendant et al., but around October 13, 2015, the Seoul Central District Court revoked the lease contract against the Defendant et al. on the ground of the lease lease without permission, filed a lawsuit for requesting the delivery of a building with the Seoul Central District Court on November 29, 2017.
C. A sublease contract between the Plaintiff and the Defendant has been renewed each year, and the Defendant has reduced the rent of KRW 650,00 from September 2015 to KRW 650,00 per month. However, the Plaintiff failed to pay the rent from September 2015 to the sum of the rent in arrears after deducting the Plaintiff’s deposit for sublease from the sum of the rent in arrears due to the Plaintiff’s failure to pay the rent. As of February 28, 2018, the sum of the rent of KRW 5,04,00 (including the sum of the annual rent of KRW 5,54,00,000 paid by the Defendant on behalf of the Defendant, even though the Plaintiff was not paid directly by the Nonparty Company,
On July 11, 2017, the defendant will make a sublease to the plaintiff by using a forest land.