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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B:
(a) deliver the real estate listed in the Schedule;
(b) January 2014;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 27, 2013, the Plaintiff entered into a lease agreement with Defendant C (Defendant B’s mother), setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 600,000, and the lease period from October 26, 2013 to October 26, 2015, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
(hereinafter “instant lease agreement”). B.
After delivery of the instant real estate on October 26, 2013, the Plaintiff discovered mycoin in the said real estate window at the time when one month elapsed, and contacted the Defendants. On January 28, 2014, the Plaintiff issued to Defendant B a certificate of content that the instant lease contract cannot be terminated and that the car cannot be paid.
C. The Plaintiff is a funeral, and the Plaintiff occupied the instant real estate and stored veterinary supplies, etc. in the said real estate, and did not pay the rent from January 26, 2014.
[Reasons for Recognition] Unsatisfy, Results of on-site inspection by this Court, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that, at the time of the instant real estate contract, the said real estate did not have any defects such as water leakage, and entered into the instant lease agreement with the Defendants, but the Defendants did not perform any repair duty as a lessor even if mycoi occurred before the lapse of one month, and the Plaintiff could not live a normal life in the said real estate.
Therefore, the Plaintiff may refuse to pay a rent to the Defendants, and the instant lease contract is terminated on the grounds of the Defendants’ nonperformance of the repair obligation, and the Defendants, as the restitution or damages, jointly and severally, shall be the Plaintiff’s lease deposit KRW 40,000,000, directors’ expenses, KRW 1,300,000, real estate brokerage fees, KRW 300,000, and Fungro.