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1. The Plaintiff (Counterclaim Defendant) is from December 12, 2014 to December 1, 2012, from the Defendant (Counterclaim Plaintiff) KRW 310,000,000 to KRW 1,2,00.
Reasons
1. Basic facts
A. The relationship 1) The Plaintiff, the Defendant, C, D, and E are children between F and G. 2) G completed the registration of transfer of ownership on January 8, 2014 with respect to each real estate listed in the separate sheet (hereinafter “instant land and building”) on January 17, 2014.
B. (1) On February 16, 2014, the Plaintiff entered into a lease agreement with the Defendant and the building of this case with regard to the lease deposit amounting to KRW 450 million, term of lease from January 8, 2014 to January 7, 2019, and KRW 8 million per month of rent (excluding value-added tax) (hereinafter “instant lease agreement”).
(2) At the time of the instant lease agreement, the Plaintiff agreed to pay KRW 150 million to the Defendant, and the remainder of KRW 300 million to C, D, and E, around April 30, 2014.
C. (1) The Plaintiff paid a sum of KRW 150 million to the Defendant, C, and D pursuant to the instant agreement, but did not pay the remainder of the lease deposit. Since December 12, 2012, the Plaintiff delayed the payment of the rent. (2) On September 9, 2015, the Defendant urged the Plaintiff to terminate the instant lease agreement as of September 25, 2015, if the Plaintiff did not pay the unpaid lease deposit and the overdue rent by September 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 4, and 5, and the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff asserted that the Plaintiff purchased the instant land and buildings from the Defendant as KRW 1.8 billion.
Therefore, the Defendant is obliged to pay KRW 1.49 billion after deducting the lease deposit of the instant lease agreement received from the Plaintiff (i.e., KRW 150 million) from the Plaintiff (i.e., KRW 160 million) and at the same time to pay KRW 1.49 billion to the Plaintiff.