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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s 2nd general restaurant of the second floor among the real estate indicated in the attached list to the Plaintiff (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. On July 15, 2016, the Defendants, as married couple, concluded each lease agreement (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff, setting the lease deposit amount of KRW 50,000,000 per month for real estate 237.36 square meters in general restaurants in the attached list owned by the Plaintiff (hereinafter “instant store”) as KRW 3,50,000 per month for the tea, KRW 450,00 per month for management expenses, and the lease period from July 20, 2016 to July 19, 2021.
B. At the time of entering into the instant lease agreement at the request of the Defendants, the Plaintiff: (a) drafted a lease agreement (hereinafter referred to as “first lease agreement”) with the name of the lessee as Defendant C’s mother; (b) on November 2, 2017, the Plaintiff changed the lessee’s name to Defendant B; and (c) drafted a lease agreement (hereinafter referred to as “second lease agreement”) from November 20, 2017 to July 19, 2021.
C. Meanwhile, with respect to the instant store as to the instant store as of July 15, 2016, in addition to the lease contract under Articles 1 and 2, the title transfer contract (A evidence No. 6; hereinafter “the right transfer contract”) was prepared to provide the transferor as the lessee of the instant store as of July 15, 2016, and KRW 30,000,000, out of the transfer amount of KRW 300,000,000, paid as the down payment, and the remainder of KRW 270,000,000, which shall be paid in installments each month from July 20, 2016 to June 20, 2021.
On November 2, 2017, the date of preparation of the second lease contract, the Plaintiff and the Defendants prepared the transfer contract of rights with the content that the transferor is the Plaintiff and the transferee as the Defendant B (hereinafter “second lease contract”). D.
The Defendants are handed over the instant store from the Plaintiff around July 20, 2016 in accordance with the instant lease agreement.