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1. The Defendant (Counterclaim) receives KRW 5,000,000 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On April 10, 207, Plaintiff B owned the 3/11 share of the real estate indicated in the attached Form No. 3/1, and on March 20, 202, the Defendant extended the period from April 10, 2007 to March 20, 202, the deposit amount of 45.84 square meters inboard (hereinafter “instant store”) among the 1st 82.64 square meters of the building indicated in the attached Form No. 1st 82.64 square meters of the building indicated in the attached Form No. 1st 82.64 square meters of the building.
(See Evidence No. 3, hereinafter referred to as the “instant lease contract”). B.
Attached Form
Plaintiff A, who owns 8/11 shares of the listed real estate, is children of Plaintiff B.
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 2, 3, 8, 9, 10, 11, and 13 (including additional numbers), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. (1) The plaintiffs' assertion (1) The defendant did not enter into a lease agreement with the plaintiff who owned the 8/11 share of the store of this case, as well as the rent from September 21, 2015 to July 20, 2016, as follows, 4,400,000 won (the rent for the instant lease agreement was raised as KRW 60,000 from July 1, 2014). Accordingly, the defendant is obligated to deliver the store of this case to the plaintiff and refund unjust enrichment equivalent to the unpaid rent or rent.
(2) The Defendant’s assertion explicitly consented to the instant lease agreement, and the Plaintiffs and the Defendant did not prepare a written contract to increase the rent to KRW 600,000 per month on July 1, 2014, and thus, the rent was not increased to KRW 600,000 per month. On September 13, 2015, the Defendant transferred the licensed real estate agent’s office operated at the instant store to another store.
Therefore, the defendant is obligated to deliver the store of this case at the same time with the payment of deposit of KRW 5,00,000 from the plaintiff, and it is substantial due to possession after September 13, 2015.