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1. On October 15, 2019, the counterclaim Defendant: 30,520,000 won to the counterclaim and 520,000 won among them, from October 15, 2019 to 30,000 won.
Reasons
1. Basic facts
A. On December 18, 2014, the Lessee: (a) partially 88.25 square meters of the two floors from D, the owner of the building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) (hereinafter “instant store”); (b) KRW 20,000,000 of monthly rent (in every two years, KRW 100,000,000), and (c) from January 15, 2015 to January 14, 2020, the Lessee leased (hereinafter “instant lease agreement”) and operated one of the two members, namely, “EAB”.
B. After entering into the instant lease agreement, F and seven other parties succeeded to the lessor’s status by taking the instant building bequeathed from D, and again, the counterclaim Defendant purchased the instant building from F and seven other parties on January 21, 2017 and succeeded to the lessor’s status by completing the registration of ownership transfer on April 21, 2017.
C. In order to reconstruct the building of this case which was completed in 1982 and deteriorated, the counterclaim Defendant purchased such building as above for the purpose of rebuilding, and notified all five tenants, including the counterclaim, of the plan to reconstruct the building of this case as soon as possible.
On June 14, 2017, the Counterclaim Plaintiff sent to the Counterclaim Defendant a certificate of the content of “the case of requesting compensation for reconstruction”.
Accordingly, the counterclaim Defendant confirmed the amount of compensation demanded by the counterclaim through his agent. The amount differs from the anticipated amount of the counterclaim Defendant, and decided to suspend the consultation with the counterclaim, and to receive the instant store from the counterclaim after the conclusion of the instant lease agreement.
Even if the lease term of this case expires on January 14, 2020, the counterclaim Defendant filed a lawsuit for future performance of the instant store on April 24, 2019, which was far earlier than the expiration of the lease term, as the main lawsuit of this case, upon the arrival of January 15, 2020.