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1. Revocation of the judgment of the first instance, and the plaintiff's claim on the principal lawsuit is dismissed;
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff’s ownership of the C orchard 143 square meters and E forest 650 square meters in Ulsan-gun, Ulsan-si, Ulsan-si, and the land in which the Plaintiff’s attached G on February 5, 1919 was located, and each of the above land (hereinafter “C land”), “E land,” “F land,” and “each of the instant land,” referring to three lots,” respectively.
Each land of this case is adjacent to each other, and it is a flat work, and it is not distinguished from appearance.
B. On January 15, 201, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to lease KRW 270,000,000 for each of the instant lands, KRW 3 million for monthly rent, KRW 400,000 for monthly rent, and period of lease from January 15, 201 to January 14, 2013 (hereinafter “the instant initial lease agreement”). From this point of time, the Plaintiff operated a middle household sales store by using a household building located on the south side of each of the instant lands.
The lease contract (No. 5, No. 1) prepared in accordance with the initial lease agreement of this case appears to be a clerical error in E in the Ulsan Metropolitan City, Ulsan Metropolitan City. Forest land and forest land and the previous 270 square meters are written as the object of the lease agreement.
C. On September 30, 201, the Plaintiff entered into a lease agreement with H to lease 490 square meters of F’s land with a deposit of KRW 3 million and KRW 200,000 of rent. H from this point of time, operated a signboard company using a household building located in the letter among each of the instant land.
On January 15, 2013, the Plaintiff and the Defendant concluded a lease contract again (hereinafter “instant lease contract”) by setting the lease term from January 15, 2013 to January 14, 2015, with the expiration of the initial lease contract of this case. The lease contract (Evidence (Evidence (Evidence (A) drafted accordingly), written as follows: “C500 square meters in Ulsan-gun, Ulsan-gun,” as the object of lease, “3 million square meters in deposit, deposit, and KRW 520,00 in monthly rent, respectively.
E. The instant lease agreement is concluded on January 15, 2015.