Text
1. The defendant-Counterclaim plaintiff's counterclaim shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant) A, and D.
Reasons
I. We examine ex officio the determination on the legitimacy of the counterclaim of this case.
Any counterclaim may be brought to the court in which the principal lawsuit is pending before the closure of pleadings (Article 269(1) of the Civil Procedure Act), and any counterclaim raised after the closing of pleadings is unlawful as it lacks the relevant requirements.
In the instant case, the pleading of the principal lawsuit was concluded on January 28, 2016, and thereafter on February 12, 2016 thereafter, the fact that the counterclaim was filed is apparent in the record. As such, the instant counterclaim is unlawful due to its lack of requirements.
II. Facts of recognition
A. (i) Plaintiff A is the owner of 2/3 shares of the land listed in attached Table 1.3 (hereinafter “instant land”), and Plaintiff B leased the instant real estate to the Defendant, as the owner of the instant land’s 1/3 shares and each motor vehicle-related facility listed in attached Table 2. (hereinafter “instant building”) as the mother of Plaintiff A, as the owner of the instant land and each motor vehicle-related facility listed in attached Table 2.
Luxembourg, the Defendant leased the instant real estate and operated the automobile maintenance plant. On April 1, 1999, the Defendant entered into a lease agreement with the Plaintiffs, etc. for the first time with respect to the instant real estate for a period of five years, and on November 26, 2004 and November 26, 2009, the lease agreement was renewed for five years by five years.
(hereinafter) Each of the above lease agreements is specified as a "contract" as it is concluded year, and is collectively referred to as a "each of the instant contracts."
The contents of each of the contracts of this case (i.e., 199 contract - KRW 100,000,000 per month, KRW 600,000 per month, contract term of five years (Articles 2 and 3), - - A (Lessee; hereinafter the same shall apply) may perform necessary internal repair with the approval of Gap (Lessor; hereinafter the same shall apply), but shall be restored to the original state at the time of surrender, and shall not claim the rights claim or beneficial expenses.
(Article 6) - N shall not, without Party A’s written consent, engage in: