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1. The claim portion in the attached Form shall be dismissed among the counterclaims by the defendant (Counterclaim Plaintiff) for restoration to its original state;
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is the right holder of the D Building in Jung-gu Seoul Metropolitan Government, 1151.19/5,750.75.
D Building is divided into two underground floors, eight above ground floors, and bridges (which are divided into double walls from the first to the eighth floor). E (the right holder of equity right) is in operation, and the defendant and F (the right holder of equity right) are in operation, and the right holder of equity right is in operation.
B. On May 1, 1996, the Defendant concluded a lease agreement stating that “30,00,000, monthly rent of KRW 600,000 (payment on May 30, 1996, value-added tax), period of lease from May 30, 1996, lessee may be reconstructed or altered under the approval of the lessor, but the lessee shall bear all of the costs and restore to its original state in the name city of the object of the contract.”
After that, the plaintiff and the defendant continued to renew the above lease contract, the lease deposit was not changed, and the monthly rent was increased to KRW 1,300,000 on around 206.
(hereinafter “instant lease agreement”). C.
The Plaintiff operated a private teaching institute in the name of “G” under the lease of the 2 to 5th floor of the D Building and the leased part of the instant building. In the case of a private teaching institute, the Plaintiff leased the leased part from the Defendant on the ground that there is an emergency passage.
The plaintiff installed a reinforcement glass door on the part of the main wall of the D Building 4 stories and the part of the main wall divided into Dong and Dong, and used it without installing an emergency passage.
The Plaintiff operated a private teaching institute in the D Building until August 29, 2006.
E. The Plaintiff paid monthly rent (total value added tax of KRW 1,430,000) to the Defendant on April 2006 and management expenses (224,000) up to May 2006.
[Ground for Recognition: Facts without dispute, Gap 1, 2, 4, Eul evidence 2-1, 2-2, and the purport of the whole pleadings]
2. We also examine the principal lawsuit and counterclaim.
A. The parties’ assertion (1) is asserted by the Plaintiff.