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1. The plaintiff (Counterclaim defendant)'s main claim and selective addition to the plaintiff (Counterclaim defendant)'s main claim expanded from the trial.
Reasons
1. Facts of recognition;
A. On December 18, 1996, the Plaintiff entered into a contract for construction and an accord and satisfaction agreement between the Plaintiff and the Defendant for the electrical construction of multi-household housing located in Busan Metropolitan City E (hereinafter “instant construction”) with the Defendant for KRW 15,00,000. In this case, the Plaintiff received from the Defendant a payment of real estate equivalent to KRW 30,000,000 as substitute (hereinafter “instant real estate”) and agreed to settle the difference between the construction cost and the construction cost.
B. 1 The Plaintiff, including the conclusion of a lease agreement with the Defendant regarding the instant real estate, agreed to sell the instant real estate remaining in the name of the Defendant to a third party after the completion of the instant construction, to settle the said difference with the security deposit. On January 1, 1998, the Plaintiff agreed to lease the instant real estate to D with a deposit amount of KRW 13,00,000,000, and the lease term of KRW 13,000,000,000, which was paid from D and received from D, for the same month.
3. Payment was made to the Defendant.
2) On May 21, 1998, the Defendant completed the registration of ownership transfer for the instant real estate to F on the ground of sale. 3) On July 1, 1999, the Plaintiff, while leasing the instant real estate to G, received KRW 4,000,000 for a monthly rent of KRW 21 months, and returned it to D as part of the lease deposit amount of KRW 13,00,000.
However, the defendant requested D to return the remaining security deposit on January 2001, and returned KRW 380,000 to G during the remaining lease period, and the defendant received the real estate of this case and delivered it to D again.
4. On March 1, 2001, the Defendant leased the instant real estate to H in KRW 13,000,000,000, and received deposit KRW 13,000 from H, and paid KRW 9,00,000 in the balance of the deposit to D. On or around May 20, 202, the Defendant leased the instant real estate to C and received KRW 13,00,000 as the lease deposit, and paid the said money to H.