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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) simultaneously with the delivery of real estate stated in the attached Form from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On October 22, 2010, the Plaintiff entered into a lease agreement with C on the instant real estate owned by C [the lease term from October 22, 2010 to October 21, 2012, KRW 35 million, monthly rent of KRW 2 million (the separate management fee per month)] between the Plaintiff and C, and around that time, paid KRW 35 million to C, and operated a car page from the instant real estate.
B. On June 17, 2011, the Defendant purchased the instant real estate from C, and completed the registration of ownership transfer in the name of the Defendant on July 4, 2011.
C. On July 22, 201, the Defendant agreed to take over the lessor’s status under the above lease agreement. On October 22, 201, the Defendant concluded a lease agreement on the instant real estate (from October 22, 2010 to October 21, 2012, a lease deposit of KRW 35 million, a monthly rent of KRW 2 million (excluding monthly management fee of KRW 50,000; hereinafter “instant lease agreement”). (D) Thereafter, the instant lease agreement was explicitly renewed, and the Defendant was terminated on July 5, 2015 due to the expiration of the lease term on October 21, 2015 by content-certified mail and notified the Plaintiff of the refusal of the renewal of the instant lease. The Plaintiff, even after the termination of the instant lease agreement, has occupied and used the instant real estate up to the day, and thus, has no dispute over the recognition thereof, the purport of each of subparagraph 1, 2, and each of the arguments as a whole.
2. Determination as to the principal lawsuit
A. According to the facts of the judgment on the ground of the claim for the refund of deposit, the Defendant is obligated to refund deposit amount of KRW 35 million to the Plaintiff upon the termination of the instant lease agreement.
As a result, the obligation to return the deposit to the plaintiff following the termination of the lease contract of this case and the obligation to deliver the real estate of this case to the plaintiff to the defendant is concurrently performed.
in this respect.