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1. The part of the claim for the discharge of the procedure for cancelling the lease registration among the counterclaims by the Defendant (Counterclaim Plaintiff) shall be dismissed;
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 24, 2015, the Plaintiff entered into a contract with the Defendant to lease Seocho-gu Seoul Metropolitan Government C and D (hereinafter “instant real estate”) with the term of KRW 420,000,000, monthly rent of KRW 1,500,000, and the term of lease for 24 months from February 9, 2015 to February 8, 2017.
B. After that, on February 8, 2017, the Plaintiff and the Defendant concluded a contract to extend the term of lease from February 9, 2017 to February 8, 2019 on the same condition as the above lease agreement.
(hereinafter referred to as the above initial lease contract and extended lease contract are collectively referred to as the “instant lease contract”).
On December 3, 2018, the Plaintiff sent a text message to the Defendant that he/she would no longer reside in the instant real estate, and sent a text message to the Defendant on January 11, 2019 to the Defendant on February 25, 2019. On February 19, 2019, the Plaintiff sent a text message again to the Defendant on March 6, 2019 due to the Plaintiff’s cause.
As to the last text messages, the Defendant sent a text message to the Plaintiff on March 6, 2019 on the same day to the effect that it is desirable to leave the same day.
On March 6, 2019, the Plaintiff received only KRW 200 million out of the lease deposit under the instant lease agreement from the Defendant.
Accordingly, on the same day, the Plaintiff received a written statement from the Defendant that “The instant lease agreement was terminated on February 8, 2019, and the Defendant, on March 6, 2019, the date of the Plaintiff’s eviction, returned KRW 420 million to the Plaintiff, but only KRW 200 million, which is part of the Plaintiff’s eviction on March 6, 2019, returned KRW 200 million until March 15, 2019, and promised to return KRW 220 million in balance until March 25, 2019” (hereinafter “instant performance statement”).
The details of the instant performance rejection are as shown in the attached Form.
E. The Plaintiff, despite the termination of the instant lease agreement, to the Seoul Central District Court.