1. The Defendant (Counterclaim Plaintiff) paid KRW 86,420,00 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment of KRW 86,420,00 from June 1, 2012 to July 30, 2015.

A principal lawsuit and a counterclaim shall be deemed to be combined.

Basic Facts

The plaintiff is the representative of the council of occupants' representatives comprised of 523 households of Dongjak-gu Seoul Metropolitan Government apartment C (hereinafter "the apartment of this case"), and the defendant is the project undertaker who has implemented the new apartment of this case.

The Defendant entered into a lease agreement with the Defendant pursuant to Article 43(1) of the former Housing Act (amended by Act No. 12115, Dec. 24, 201; hereinafter the same shall apply), and entered into a lease agreement with the Defendant on November 10, 201 on the condition of automatic succession at the time of forming a council of occupants' representatives, with respect to 10 square meters of the instant apartment on the 102,100 square meters out of the 103 103 2nd roof, under the terms of automatic succession at the time of forming a council of occupants' representatives (excluding value-added tax), and received KRW 7 million per year from December 1, 201 to December 5, 2011.

On November 15, 2011, for the installation of a heavy meter, the Defendant entered into a lease contract with the term of lease from November 15, 201 to November 14, 2013 on the instant apartment rooftop, setting the term of lease from November 15, 201 to November 14, 2013, on condition of automatic succession at the time of forming a council of occupants' representatives, and received 7 million won per annum (excluding value-added tax), and received 7.7 million won from the case corporation on December 15, 201.

On November 15, 2011, the Defendant entered into a lease agreement with LGplers, setting forth a rent of KRW 7 million per annum (excluding value-added tax) on the part of the instant apartment 102, 103 rooftops for the installation of a heavy meter, and received KRW 7.7 million from LGplers Co., Ltd. on January 26, 2012.

The Defendant, between D and D on November 28, 201, as to the childcare center in the instant apartment (hereinafter “instant childcare center”) between D and D, the lease term is from December 1, 201 to November 30, 2013 (the terms and conditions of automatic succession when organizing the council of occupants’ representatives), and the lease deposit is five.