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1. The Defendant (Counterclaim Plaintiff) receives KRW 17,265,840 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. The land listed in the attached list No. 1 (hereinafter “instant land”) is owned by the Plaintiff, and the building listed in Paragraph 2 of the attached list on the ground (hereinafter “instant building”) is owned by the Defendant.
B. The instant land lease agreement was concluded between the original Defendant and the Defendant for the purpose of owning the instant building (which does not have a fixed term of 1 Gae rice per annum; hereinafter “instant lease agreement”). There was no overdue rent until the date of closing argument in the instant case.
C. On December 10, 2014, a copy of the Plaintiff’s complaint stating a declaration of intent to seek the delivery of the instant land was served on the Defendant on the premise that the instant lease contract is terminated.
(4) The Plaintiff, at the last date of pleading, accepted the Defendant’s exercise of the Defendant’s right to purchase ground property on the date of pleading, and revised the purport of the claim to seek registration, delivery, and delivery of the instant land as a simultaneous implementation with the payment of market price of the instant building. A duplicate of the counterclaim, stating the Defendant’s declaration of intent to exercise the right to purchase ground property on the instant building, was served on January 27, 201
The market price as of March 22, 2016 of the instant building is KRW 17,265,840.
[Ground of recognition] A.1, 2, 3 evidence, Eul evidence, appraiser C's appraisal result, the purport of the whole pleadings
2. The Plaintiff terminated the instant land lease agreement for the ownership of the instant building without setting a deadline on December 10, 2014, and the Defendant exercised the Plaintiff’s right to purchase the instant building on January 27, 2016, and around that time, the fact that the market price of the instant building was 17,265,840 was 17,26,840.
Therefore, the instant lease agreement came into effect on June 9, 2015, after six months from December 10, 2014, pursuant to Article 635 of the Civil Act.
As to the building of this case between the original defendant as of January 27, 2016.