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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the buildings Nos. 1 and 2 in the separate sheet, the number of buildings indicated in the separate sheet.
Reasons
1. On May 30, 1995, the Plaintiff and the Defendants entered into a lease agreement with the lease deposit amounting to KRW 5 million and KRW 600,000 per month on the leased object (hereinafter “instant lease agreement”).
The instant lease agreement has been renewed continuously, and it has expired on May 30, 2017.
However, around May 11, 2017, the Plaintiff deposited KRW 5 million for the lease deposit to Defendant C.
On the other hand, the object of the lease of this case has three solid scrapers as of the closing date of pleadings, one bean scrap scraper, one string machine, one string machine, one string machine, one string machine, and one signboard, etc. (hereinafter “the instant equipment, etc.”) as of the end date of pleadings.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 3 (including virtual number), appraiser D's appraisal result, the purport of the whole pleadings
2. Determination
A. Since the lease contract of this case was terminated as to the claim of this lawsuit, the Defendants are obligated to return the leased object of this case to the Plaintiff as the restitution following the termination of the lease contract and to collect the equipment of this case.
B. The Defendants asserted to the effect that, inasmuch as the opportunity to recover the premium under the Commercial Building Lease Protection Act was obstructed by the Plaintiff, the Defendants are entitled to receive the amount equivalent to the premium as compensation for damages.
Article 10-4 (1) of the Commercial Building Lease Protection Act provides that "a lessee shall not interfere with receiving premiums from a person who wishes to become a new lessee arranged by a lessee according to a premium contract by doing any of the following acts from three months before the lease term expires until the termination of the lease," and the lessor is arranged as a lessee without any justifiable reason.