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1. The Defendant (Counterclaim Plaintiff) shall enter from July 1, 2020 to July 1, 2020, the amount of KRW 10,000 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On March 1, 2015, D and E entered into a lease agreement with the Defendant on the lease deposit amount of KRW 10,000,000, monthly rent of KRW 650,000 (payment on January 1), and KRW 60,000 (payment on March 1, 2015) with the lease deposit amount of KRW 10,000,000, among the buildings listed in the attached list (hereinafter “instant building”) as indicated in the attached list, and delivered the instant store to the Defendant after receiving KRW 10,00,000 from the Defendant.
Article 5 of the above lease contract states, "Lessee may be reconstructed or altered with the approval of the lessor, but it shall be restored to its original state at the expense of the lessee before the date of return of the real estate."
B. After purchasing the instant building from D and E on February 16, 2019, the Plaintiffs succeeded to the status of the lessor against the Defendant by completing the registration of ownership transfer on the instant building on April 12, 2019.
C. On April 18, 2019, the Plaintiffs entered into a lease agreement with the Defendant that the instant store is leased to the Defendant by setting the lease deposit amount of KRW 10,00,000, KRW 650,000 per month (payment in advance on January 1), and the lease term of KRW 650,00 per month (60 per month) from March 1, 2015 to February 28, 2020 (60 months), and entered into the said special agreement as “the succession of the contents of the lease agreement” under the said special agreement. Article 5 of the said agreement states that “if the lease contract is terminated, the lessee shall restore the said real estate to its original state and return it to the lessor.”
On August 20, 2019, the Plaintiffs requested the Defendant to deliver the instant store upon the expiration of the lease term by means of content-certified mail to the Defendant. Accordingly, on October 4, 2019, the Defendant shall deliver the instant store to the Plaintiffs when the said lease term expires, but the installation cost of the facility spent at the instant store shall be KRW 30 million.