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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Indication 1, 2, and 2 of the attached drawings among the real estate listed in the attached list;
Reasons
Basic facts: (a) On March 7, 2011, the Plaintiffs entered into a lease agreement with the Defendant for the lease deposit of KRW 10 million and KRW 600,000,000 per month (the nineth day of each month), from March 7, 2011 to March 7, 201 (hereinafter “instant lease agreement”) with regard to the portion (A) size of 274.69 square meters in the ship connected each point of five floors among the real estate listed in the attached list, which are owned by 1/2 shares; (b) the lease agreement was entered into between March 7, 2011 and March 7, 201 (hereinafter “instant lease agreement”); and (c) the Defendant from around that time to March 7, 2013 operated the reading room in the instant building.
The instant lease contract was renewed after the expiration of the term, and the Defendant did not pay the rent from December 7, 2014, and the Plaintiffs notified the Defendant that the lease contract was terminated on August 4, 2015 on the ground that it was overdue for at least seven months.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 6, and Eul evidence Nos. 6 as a whole, the plaintiffs asserted that the lease contract of this case was terminated due to the defendant's delinquency in rent as the principal lawsuit, and claim against the defendant for payment of unjust enrichment equivalent to the delivery of the building of this case, overdue rent, and rent.
The defendant acquired the building of this case, which had been used as a reading room with premium of KRW 32 million to the previous lessee. The building of this case was worn down, and the wall was destroyed, and it could not be used due to water leakage, etc. In accordance with the ordinary usage method, such as cocoi generation, etc., the defendant violated the duty to repair the object to maintain the state necessary for the use of and benefit from the leased object, despite the defendant's request.
Accordingly, as to the principal lawsuit, the defendant did not pay the rent according to the plaintiffs' non-performance of repair obligation, and the overdue rent is set off against the defendant's right to claim damages against the plaintiffs alleged in the counterclaim and terminated.