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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver each real estate listed in the separate sheet;
B. June 2016
Reasons
1. Judgment on the Claims for Merits
A. The Plaintiff’s assertion 1) On April 15, 2016, the Plaintiff respective real estate listed in the separate sheet Nos. 1, 202, and 203 of the D market No. 1, 202, and 203 located in Jung-gu Incheon (hereinafter “instant real estate”).
A) A deposit of KRW 50 million, monthly rent of KRW 4 million (excluding value-added tax) was leased. The Defendant paid KRW 20 million as security deposit, and the Plaintiff did not pay the monthly rent at all while running its business with the trade name “E” after filing a business report and making a business registration as shown in the attached Form on the instant real estate. As such, the Plaintiff terminated the said lease. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, pay the Plaintiff the amount of unjust enrichment equivalent to the rent and the rent from June 16, 2016 to the delivery date, and to follow the above procedures for filing a business report and filing a business registration report. (2) Since the Defendant’s lease party is not the Defendant but F, the Plaintiff’s claim of the principal lawsuit premised on the premise that the lessee is the Defendant is the Defendant is without merit.
B. The Plaintiff’s agent G was leased on April 15, 2016, KRW 50 million, monthly rent of KRW 4 million (excluding value-added tax: Provided, That the Plaintiff’s agent G was paid as monthly rent from June 16, 2016 to June 16, 2018 when the Plaintiff’s agent G was paid KRW 30 million out of the deposit amount of KRW 50 million until May 16, 2016, and the Plaintiff was paid KRW 20 million by October 16, 2016, in lieu of the unpaid deposit amount, and KRW 12,000,000 should be additionally paid as monthly rent until the payment of the deposit (hereinafter referred to as “contract”).
(2) After entering into the first contract, the Plaintiff and H’s seal are only affixed to the foregoing agent’s seal and private person. (2) After entering into the first contract, the Plaintiff and H were to change the lessee’s name to H from H to the Defendant. G and F are only the same content as the Defendant.