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1. Paragraphs 1-A and 2 of the judgment of the court of first instance are modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. Basic facts
A. On August 21, 1992, the Defendant: (a) leased the part (a) size of 73 square meters inside the ship (hereinafter “the store of this case”) which was connected in order to each point of 13, 14, 15, 16, 20, 13 among the buildings listed in the separate sheet (hereinafter “the building of this case”) from R et al. and six other persons; and (b) on November 23, 1992, the Defendant leased the lease deposit amount of KRW 50 million to the store of this case (hereinafter “the lease contract of this case”); and (c) the order No. 1 on November 23, 1992, ordering that the lease deposit amount of KRW 50 million shall
(a) The registration of the establishment of chonsegwon as stated in paragraph (3) (hereinafter referred to as the “registration of the establishment of chonsegwon”); and
b. complete the plaintiff (Appointed Party) and the appointed parties, D, E, F, G, H, I (hereinafter the plaintiff (Appointed Party) and the appointed parties, as well as the plaintiff et al.
[3] On September 25, 2013, after the judgment of the court of first instance was rendered, the Plaintiff et al. succeeded to the lessor status of the instant lease agreement as co-owners of the building indicated in the separate sheet. (C) The Plaintiff et al. received delivery of the instant store according to the provisional execution based on the above judgment. (In the absence of any dispute, each entry in the evidence No. 1, No. 2, and No. 10, and the
2. Determination as to the claim on the principal lawsuit
A. As to the claim for cancellation of the registration of the establishment of chonsegwon, there is no dispute between the parties, the Defendant is obligated to deliver the instant store to the Plaintiff (Appointed Party) and to cancel the registration of the establishment of chonsegwon.
B. As to the claim for unjust enrichment equivalent to rent or rent, the Plaintiff’s assertion 1) was agreed to pay from 2003 to 1 million won per month, and the Defendant is obligated to pay the amount of rent or rent equivalent to the rate of KRW 1 million per month from September 21, 2009 to the completion date of delivery of the instant store.
B) The Defendant’s assertion that there was no agreement on the payment of rent at the time of the instant lease agreement, and there was no subsequent agreement between the Defendant and the Plaintiff, etc. on the payment of rent separately. This is the instant lease agreement (A).