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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Attached Form 1, among the land listed in Annex 1 List 1,
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 21, 2008, the Defendant, in operating the automobile maintenance and industry company in Seo-gu, Gwangju, leased the land listed in the attached Table 1 List 1 Paragraph (1) (hereinafter “instant land”) owned by the Plaintiff adjacent to the said industrial company between D and his father, who was the Plaintiff’s father, on behalf of the Plaintiff, and used the land for the purpose of parking by leasing lease deposit amounting to KRW 10 million and KRW 800,000 for monthly rent.
B. Around July 2013, the Defendant entered into a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 2.5 million (excluding value-added tax), the lease term from August 21, 2013 to August 20, 2014 (hereinafter “instant lease agreement”). On August 20, 2013, the Defendant paid deposit amount of KRW 20 million and KRW 2.5 million to the Plaintiff.
C. At the time of the conclusion of the instant lease agreement, the Defendant requested the Plaintiff to newly construct a car painting work building on the ground of the instant land and obtained the Plaintiff’s consent. Accordingly, the Plaintiff obtained permission for the construction of a building listed in attached Table 1 List 2 (hereinafter “instant building”) around June 7, 2013, and entered into a contract with Hongro Co., Ltd. to purchase or subcontract for KRW 65,500,000 for the installation of car books and appurtenant works, and on July 15, 2013, the Plaintiff commenced construction through the said company on July 29, 2013.
The Defendant installed a parking lot on the third land of this case, and completed business registration on October 24, 2013 with the trade name E.
E. In addition, from September 2013, the Defendant installed electric facilities, etc. inside the instant repair store from around September 2013, and completed business registration with the trade name F on November 1, 2013.
F. The Plaintiff, via Hongro Co., Ltd., on November 28, 2013.