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1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
On February 12, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from the Defendant by paying deposit of KRW 30 million, monthly rent of KRW 2.2 million (including value-added tax; hereinafter the same shall apply) on the 10th day of each month, and by setting the lease period from February 29, 2016 to February 28, 2019.
(hereinafter “instant lease agreement.” The Plaintiff, while operating the instant hospital in the instant real estate, discontinued the business on October 30, 2017, and did not pay rent to the Defendant from November 10, 2017.
On February 19, 2018, the Defendant sent to the Plaintiff a certificate to the effect that “the instant real estate should be restored to the original state within the earlier time to notify the termination of the lease due to the default of rent, etc., and at that time, the said certificate reached the Plaintiff.”
(hereinafter “instant notification”). On February 22, 2018, the Plaintiff paid the Defendant a total of KRW 6.6 million overdue charge for the three-month period.
On February 24, 2018, the Defendant notified the Plaintiff of the purport that “after the termination of the instant lease agreement, it would sell the instant real estate to another person.” As the requirements for the termination of the contract were met due to the delinquency in rent, it did not change that it was the difference in arrears for three months thereafter, and the certified judicial scrivener also confirmed that the instant real estate was the actual number of lessees.” By February 28, 2018, the Defendant notified the Plaintiff to the effect that “The instant real estate would be sold to the Plaintiff with the knowledge that it would be settled after restoring the instant real estate
(2) On February 24, 2018, the Plaintiff paid 4.4 million won in total to the Defendant the remainder of arrears and the rent to be paid on March 10, 2018 on the same day, and the Plaintiff stated to the effect that the instant real estate will be handed over by March 10, 2018.
However, on March 6, 2018, the defendant again revoked the sale date of the real estate of this case to the plaintiff.
5 million won of the cost of removal necessary for the restoration to the original state to be supported by the plaintiff.