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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Indication 1, 2, 3, 3. of the annexed land drawings on the land listed in the annexed list;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 26, 2005, the Plaintiff entered into a lease agreement with the Defendant as to the land listed in the separate sheet (hereinafter “instant land”) with the Defendant without a deposit as to the rent of KRW 1,200,00,000 for one year from the date of entering into the contract, and the rent increase rate for the rental apartment after the housing construction, and entered into a lease agreement with the Defendant from April 10, 2005 to April 9, 2010 (no evidence exists to acknowledge that the Defendant’s assertion that the period was set up until the development of the instant land).
(hereinafter “instant contract”). In the event that a lease contract is terminated under Article 5 (Termination of the instant contract), the lessee shall restore the said real estate to its original state and return it to the lessor.
[Matters stipulated in special agreement] ① Lease in the present condition, and the lessee shall be responsible for the use.
(2) Where a punishment, etc. is imposed on a lessor in connection with the use of land, such tenant shall be borne.
(3) All articles (including all parcels, seedlings, grain, compost, etc.) within the leased object shall be the care of the lessee.
(4) If a lessee fails to restore to its original state, the lessor shall restore to its original state and bear expenses.
(5) Rent shall be paid to the lessor in the contract.
The main contents relevant to the instant case are as follows:
B. The Defendant, after entering into the instant lease agreement, connects each point of (1) section 1, 2, 3, 4, and 5, in sequence, among the items indicated in the separate sheet No. 1, 2, 4, and 1, connected on the ground of the Plaintiff, in order to connect each point of (2) section 2,47.5 square meters, the same map No. 247.5 square meters, 9, 10, 11, 12, and 9, in order to connect each point of (3) section 2,4 section 247.5 square meters, and the same map No. 13, 14, 15, 16, and 13, in order to connect each point of (4) section 319 square meters, and section 17, 18, 19, 20, 20, and 17 of the same map No. 335.3 square meters, 21, 2234, 217