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1. The Defendant (Counterclaim Plaintiff) shall:
A. A. It delivers to the Plaintiff Asian Trust Co., Ltd. the real estate listed in the separate sheet.
Reasons
1. Basic facts common to the principal lawsuit and counterclaim;
A. On August 23, 2013, Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff A”) entered into a lease agreement with the Defendant and the Defendant on August 23, 2013, setting forth a lease agreement with respect to the real estate listed in the separate sheet owned by the said Plaintiff (hereinafter referred to as “the instant real estate”), KRW 30,000,000, monthly rent of KRW 2,750,000 (Additional Tax), and the lease period from September 1, 2013 to August 31, 2015, and delivered the said real estate to the Defendant on August 31, 2013.
B. On November 26, 2015, the truster entered into a real estate security trust agreement with the Plaintiff Asian Trust Co., Ltd. (hereinafter “Plaintiff Asian Trust”) with respect to the entire building including the instant real estate, setting the first beneficiary as a period of five years from the date of registration of the trust, and the truster agreed to receive a monthly rent with respect to the lease agreement before the trust agreement. On the same day, the truster completed the registration of ownership transfer with respect to the instant real estate to the Plaintiff Asian Trust.
C. On July 9, 2015, before one month prior to the expiration of the instant lease agreement, Plaintiff A expressed his/her intent to refuse to renew the said lease agreement to the Defendant, and requested to deliver the instant real estate by September 30, 2015.
From December 1, 2015 to October 31, 2016, the Defendant’s illegal gains amounting to 33,275,000 won (including additional tax, 2,750,000 won x 11 month x 1.1) are 1,481,880 won for waterworks and sewerage, and 83,645 won for public electricity, which the Defendant paid to the Plaintiff for the Defendant.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 9 (including each number), the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the instant lease agreement is intended to refuse the renewal of the Plaintiff A.