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1. The part of the claim for payment of money and the counterclaim of this case in the principal lawsuit of this case shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is one of the co-owners who own 1/4 shares of all the real estate listed in the separate sheet.
The Defendant is the lessee who jointly leased each real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty C, D, E, and the Plaintiff (hereinafter “Plaintiff”) who is the co-owner of the entire instant real estate, along with Nonparty F, the Defendant’s wife.
(hereinafter referred to as "the defendant's wife"). B.
(1) On December 31, 2010, the Plaintiff entered into a lease contract, etc. (hereinafter “instant lease contract”) with the Defendant’s side and the instant real estate from February 1, 2011 to January 31, 2016, the lease contract is concluded by setting the lease contract as KRW 100,000,000, monthly rent, and KRW 13,000,000 (hereinafter “instant lease contract”).
The main contents of the lease contract are as follows: Article 2 (Period of Lease Contract).
1. The lease term shall be five years;
From February 1, 2011 to January 31, 2016
2. Where a lessor or lessee has not given written notice of intention in connection with the termination or change of the lease contract, or re-contract by no later than six months before the expiration of the lease term, the contract shall be deemed to be extended under the same conditions as this contract;
Article 4 (Lease Deposit)
1. Deposit for lease shall be 10 million won ( 100,000 n.e., n., n.e., n.s.);
The security deposit for lease, such as the amount paid on the date of payment of divided amount, shall be paid in 100,000,000 as the down payment on January 31, 201, and the balance shall be paid in January 31, 201.
Payment method: Article 5 (Rents) that receives KRW 5,000,000 from bank account deposited in the name of the lessor.
1. A lessee shall pay the lessor a monthly rent of KRW 1,00,000 (excluding value-added tax) per month on the seventh day (if the seventh day is a legal holiday, the following day) of each month;
3. The date on which the lessee has set forth in paragraph (1);