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1. The Defendant (Counterclaim Plaintiff) and the Counterclaim Plaintiff are all dismissed.
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 7, 2012, the Lessee entered into a lease agreement with D on the lease deposit of KRW 5 million, monthly rent of KRW 400,000,000, and from March 7, 2012 to March 7, 2013, the lease agreement was concluded between D and D on the lease deposit of KRW 23,00,000,000,000 in the ship (hereinafter “instant commercial building”) connecting each point of Section 1, 2, 3, 4, 400,000,000,000,000 won in sequence, and thereafter, between D and D was agreed to increase the rent by KRW 450,00 per month.
B. D sold the real estate indicated in attached Table 1 to E on September 15, 2014, and E sold the real estate to the Plaintiff on September 24, 2015, and the Plaintiff completed the registration of ownership transfer in its name on October 13, 2015, and succeeded to the lessor status of the instant lease agreement.
The Plaintiff and the Lessee agreed to increase the rent by KRW 550,000 per month, and the instant lease agreement was implicitly renewed.
C. The Plaintiff, along with the Lessee, requested the Defendant, who occupied and used the instant commercial building and jointly operated the real estate brokerage office on December 14, 2016, to deliver the instant commercial building by no later than March 7, 2017. The Plaintiff became aware of the same content.
1) On March 27, 2018, the Plaintiff filed a lawsuit against the Defendant and the Counterclaim Plaintiff seeking delivery of the instant commercial building as Seoul Western District Court 2018Kadan21006 (e.g., withdrawal of the lawsuit against the Defendant on January 20, 2019).
On May 29, 2018, the Defendant and the Counterclaim filed a counterclaim with the Seoul Western District Court 2018da8722, which claimed for the payment of premium and advertising expenses to recruit new tenants, business losses, property losses, consolation money, etc.
In the foregoing case, the Lessee was notified only to the Defendant that the Lessee sent to the Defendant on December 14, 2016, and the Lessee was the lessee.