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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
Reasons
1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 to 4, Eul evidence Nos. 9, Gap evidence No. 4, Gap evidence No. 5, witness Eul's witness's witness's testimony, and the whole purport of the pleadings, and there is no counter-proof.
From September 29, 2009, the Defendant leased the first floor, the second floor, the first floor underground, and the second floor underground among the above-ground buildings in Guro-gu Seoul E-Land (hereinafter “instant building”). The Defendant and D changed the terms of the lease agreement on January 29, 2013, and set the lease deposit amount as KRW 10 million, KRW 330 million per month, and the lease term as from November 29, 2013 to November 28, 2016.
B. On July 6, 2013, with D’s consent, the Defendant sub-leaseed the first underground floor of the instant building (hereinafter “the instant sub-lease object”) to the Plaintiff by setting the period from July 28, 2013 to July 27, 2015 from July 2013 to KRW 10,000,000,000,000,000,000,000,000,000,000,000,00
(hereinafter referred to as “instant sublease contract”). C.
At the time of the sublease contract of this case, the “transfer/acquisition contract of real estate rights” (No. 3) with respect to the “real estate rights” related to the subject matter of this case was prepared in which the Plaintiff acquired the real estate rights from the Defendant with the amount of KRW 10,000,000,000 from the Defendant. While the description is indicated in the “defensive goods” on the “defensives, chairs, air conditioners, signboards,” there is no provision related to the return of the said facilities or the method of calculating the amount of rights according to the period.
As of September 4, 2014, the Plaintiff and F agreed that the amount of the right is KRW 40,000,000, and the F shall acquire from the Plaintiff the “real estate right” related to the subject matter of the sub-lease, “A contract for the transfer and acquisition of real estate rights” (Evidence B) was prepared, and in the description, the term “prestigious goods” belongs to the item “prestigious goods,” i.e., book, interest, communication, signboard, etc.