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1. The plaintiff (Counterclaim defendant)'s main claim, the defendant (Counterclaim plaintiff, the designated party)'s counterclaim is all dismissed.
2.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. The network C and the Plaintiff completed the registration of ownership transfer for each of 1/2 shares of Incheon District Court No. 63537, Dec. 2, 1999, as to each of the five-story buildings of Incheon Gyeyang-gu, Incheon E, F land ground reinforced concrete structure and light steel framed roof (hereinafter “instant building”).
B. On January 10, 2008, the network C entered into a lease agreement with G and the instant building with a monthly rent of KRW 300,000,000 per annum, from January 10, 2008 to January 9, 2010.
C. On September 10, 2009, the network C entered into a lease agreement with H and the first floor of the instant building with a deposit of KRW 4 million, KRW 500,000,000 per month of rent, and from September 16, 2009 to September 15, 201, regarding the lease deposit of KRW 25,500,000 per annum.
From the acquisition of shares in the building of this case to the present day, the Plaintiff used 2-5 stories among the real estate of this case as a church and the Plaintiff’s residence.
E. The deceased C died on March 21, 2019, and the Plaintiff and the Defendants, as his inheritor, were their children.
[Based on Recognition - Unsatisfy Facts, Gap evidence 1 and 2 (including each number; hereinafter the same shall apply)
(2) The grounds of appeal No. 1
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion is that the instant building owned by the Plaintiff and the deceased C 1/2.
① From January 2008 to September 2018, G received from G the sum of KRW 38.7 million (=300,000 x 129 months) of the rent on the first floor underground of the instant building.
② From September 2009 to December 2016, the net C was paid as the difference of KRW 500,000 per month and KRW 1 million per month from January 2017 to September 2018, and was paid as the difference of KRW 65,5 million in total (=(500,000 x 88 months) (1 million x 21 month).
③ The Plaintiff spent KRW 1,250,000,000,000 on May 12, 2016, and KRW 4,555,00 on August 2, 2016 at the cost of repairing the instant building.
④ Defendant D directly receives each of the vehicles described in paragraph (1) and (2) with the consent of the network C.