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1. The Defendant (Counterclaim Plaintiff) together with the Plaintiff (Counterclaim Defendant) about KRW 383,650,273 and KRW 380,000 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The pertinent Plaintiff of the parties is the owner of Osan City D, E’s land and above ground buildings (hereinafter referred to as “the instant building”), and the said land and buildings are the owners of the instant real estate. The Defendants, as married couple, operate “G kindergarten” and “G language institute” in the F of Osan City in the vicinity of the instant real estate.
B. On June 4, 2010, the Plaintiff leased the instant real estate to Defendant C with a consultation on a two-yearly basis (hereinafter “instant lease agreement”) with the following: (a) KRW 150,000,000 per month until February 1, 201; (b) KRW 12,000,000 per month from March 1, 201 to February 24, 201; (c) KRW 15,000,000 per month from March 1, 201 to February 24, 201; and (d) the lease period is ten (10) years (hereinafter “instant lease agreement”).
(2) On June 22, 2010, the Plaintiff and Defendant C stipulated the terms and conditions of the instant lease agreement.
The contents of the above special agreement include: (a) the Plaintiff obtained authorization to establish a kindergarten for the first and second floors of the instant building and entrusted the operation thereof to Defendant C; and (b) the income tax imposed on the Plaintiff due to the operation of the kindergarten is responsible for Defendant C; and (c) the Plaintiff obtained authorization for a private teaching institute for the third floor of the said building; and (d) transfer the facilities in accordance with the standards and regulations for the establishment of a kindergarten to Defendant C; and (e) transfer them to the said Defendant
3) Defendant C paid all the above lease deposit to the Plaintiff up to August 23, 2010, but the Plaintiff did not obtain authorization for establishment of a kindergarten as stipulated in the above special agreement. Accordingly, Defendant C operated a mutual educational institute of “HA” on the first and second floors of the instant building from October 18, 2010, instead of operating a kindergarten as stipulated in the above special agreement clause. Defendant C operated the said private teaching institute on the third floor of the instant building from August 24, 2010 to the third floor of the instant building.