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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver the building indicated in the attached Form to the Plaintiff (Counterclaim Defendant).
(b).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 5, 201, the Plaintiff: (a) determined the Defendant as KRW 80,00,000 on the attached building (hereinafter “three-storys of the instant building”) owned by the Plaintiff; (b) paid KRW 20,500,000 per month in the lease deposit; and (c) paid KRW 2,50,000 per month in installments with the rent at the time of monthly rent payment (for twenty-four months), and paid KRW 2,30,000 per month in monthly rent and KRW 10% of value-added tax on monthly rent (the sum of rent and value-added tax on a monthly rent and value-added tax on 2,530,00) and management expenses separately; and (d) leased the lease period by September 4, 2016.
(hereinafter “instant lease agreement”). B.
The defendant currently occupies the building of this case.
[Ground of recognition] Unsatisfy, Gap evidence 1
2. The parties' assertion
A. Unlike the Defendant’s promise under the instant lease agreement, the Defendant paid only KRW 40,790,00 by August 30, 2013, on the premise of deposit and rent for the lease after the instant lease agreement, by paying 30,50,000 monthly lease deposit, etc. Unlike the Defendant’s promise under the instant lease agreement, the Defendant did not pay KRW 3,251,514 as management expenses from September 2012 to December 2013. The Plaintiff notified the Defendant of the termination of the instant lease on the ground of the Defendant’s nonperformance of obligation, and even notified the termination of the instant lease by serving the main complaint in the instant case. Therefore, the instant lease was terminated.
Since the Defendant’s KRW 40,790,000 paid to the Plaintiff was fully appropriated or deducted from the rent up to November 2012 for the above delinquent management expenses of KRW 3,251,514, and the rent up to November 5, 2012, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay to the Plaintiff the rent calculated at the rate of KRW 2,530,000 per month from November 5, 2012 to the delivery of the instant building.
B. The plaintiff alleged by the defendant is a lessor.