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1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) real estate stated in attached Form No. 1, and the Defendant B shall be the same list.
Reasons
1. Basic facts
A. The Plaintiff is an owner who completed the registration of ownership transfer on November 2, 2009 with respect to a building on the ground of 388.9 square meters in Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “the instant officetel building”), which is an aggregate building of each real estate, etc. listed in the attached list.
B. On September 16, 2010, the Plaintiff sold the instant officetel building at KRW 2.9 billion to N, but among them, KRW 1.177 billion, such as part payments, etc., the Plaintiff concluded a sales contract to pay the remainder of KRW 1.73 billion by an incorporated association, upon taking over the Plaintiff’s obligations, etc. with respect to the instant officetel building by an incorporated association, upon which the Plaintiff acquired the obligations, etc. borne by the Plaintiff with respect to the instant officetel building until December 31, 2010 (hereinafter “the instant sales contract”).
C. After entering into the instant sales contract, N is the Plaintiff’s agent, and as to each real estate listed in the separate sheet with the Defendant, etc., the following lease agreements (hereinafter referred to as “each of the instant lease agreements”) were prepared:
1) On May 23, 2012, the Defendant (Counterclaim Plaintiff) and N drafted a lease agreement under which the Defendant (Counterclaim Plaintiff) leased real estate listed in the attached Table No. 1 from May 30, 2012 to May 30, 2013, real estate of the Plaintiff as indicated in the attached Table No. 1 from May 30, 2012 to May 30, 2013 with the term of lease of KRW 15 million, monthly rent of KRW 350,000. Accordingly, the Defendant (Lessee) deposited the full amount of the lease deposit with the Plaintiff’s bank account (Account Number P; hereinafter, the instant Plaintiff’s account) in the name of the Plaintiff. (2) On January 28, 2012, Defendant B and N drafted a lease agreement with the Plaintiff from February 18, 2012 to February 17, 2013 with the term of lease of KRW 50,000,000.
Accordingly, Defendant B deposited KRW 3 million in the Plaintiff’s account in the instant case on the day of the contract, and deposited KRW 47 million to N on February 18, 2012.