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1. The Defendant (Counterclaim Plaintiff) received KRW 60,000,000 from the counterclaim Defendant (Counterclaim Defendant) simultaneously.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 18, 2012, the Defendants entered into a lease agreement with the Plaintiffs on the lease deposit for the existing building on the instant land (hereinafter “existing building”) with respect to KRW 60 million, monthly rent of KRW 4 million (in addition to value-added tax and payment on every five days a month thereafter), and the lease term from October 18, 2012 to October 17, 2017.
B. After that, on December 11, 2012, the Defendants drafted a written agreement with the Plaintiffs to remove the existing building of this case and to establish the new building of this case on the ground (hereinafter “instant agreement”), and a notary public received authentication as to the said agreement under No. 2717 of the Ehap Law Office No. 2012.
C. Details of the instant agreement are as follows.
(hereinafter referred to as “A-1” refers to Plaintiff B, Plaintiff A-2, and Defendant C, and Defendant D). Article 1 of the Agreement: The lease agreement entered into on October 18, 2012 between “A-1, A-2, and B” (Article 1 of the Agreement: (2) the real estate lease agreement entered into on the part of Plaintiff B, and Plaintiff C-2 shall lose its validity at the same time as the construction of a new building with a size of 165 square meters in F. 165 square meters in Busan Dong-gu, Busan Metropolitan City; and (3) the real estate lease agreement entered into on the said new building.
Article 2:In the case of Art. 2, Art. 2, Art. 2. 2, Art. 3, Art. 3, Art. 3, Art. 4, Art. 4, Art. 4, Art. 5, Art. 4, Art. 4, Art. 4, Art. 4, Art. 4, Art. 5, Art. 2, Art. 2, Art. 2, Art. 2, Art. 2, Art. 2, Art. 2, Art. 1, 2, Art. 5, Art. 2, 2, Art. 5, Art. 2,
Article 3:Transfers such as Construction of New Buildings and Construction Costs (2) Construction of 24 square meters of 165 square meters of 24 square meters of 24 square meters of 24 square meters of 165 square meters of land-based new buildings in Busan City, Dong-gu, Busan, with the funds of B and C, but the name of the owner shall be permitted to the competent Gu office under the name of A-1 and A-2