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1. The Defendant (Counterclaim Plaintiff) received KRW 20,000,000 from the Plaintiff (Counterclaim Defendant) and simultaneously received the payment, set forth in attached Table 1.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 18, 2003, the Plaintiff donated the land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as the “instant land”) from Nonparty C, his father, and completed the registration of ownership transfer on December 24, 2003, such as the official branch court of Daejeon District Court, with the Ordinance No. 38956, Dec. 24, 2003. On April 28, 2017, the Plaintiff purchased the building listed in paragraph (2) of the attached Table No. 2 (hereinafter referred to as the “instant building”) through a public auction procedure and completed the registration of ownership transfer on June 9, 2017, such as the official branch court of Daejeon District Court.
B. The Defendant occupies each facility indicated in the text, including D and E land adjacent to the instant land and the instant building, and uses it for the operation of the driving school.
C. On March 25, 201, the Defendant entered into a lease agreement with C, with a deposit of KRW 20 million, monthly rent of KRW 300,000,000, and the lease term of KRW 24 months. The Defendant paid KRW 3.2 million on December 1, 201, KRW 3.6 million on November 29, 201, KRW 3.6 million on November 18, 2014, KRW 3.6 million on April 3, 2015, KRW 3.6 million on October 24, 2016, KRW 3.6 million on September 18, 201, KRW 200,000 on the instant building after the Plaintiff acquired the ownership of the instant building, and paid KRW 3.6 million on September 18, 2017, KRW 17.7 million on April 17, 2017.
D. The instant building exists on the land adjacent to the instant land, and F and G, a co-owner of each of the instant land, filed a lawsuit against the Plaintiff to remove the instant building and deliver 39m2 to the Plaintiff the land possessed as the said site, etc. on November 9, 2017, wherein the judgment citing both F and G claims was rendered by the said court and became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap 1, 4, 15, 16 evidence, Eul 1, 2, 3, 5, 8 evidence (including each number, if any; hereinafter the same shall apply).