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1. Of the judgment of the first instance court, the part against Defendant (Counterclaim Plaintiff) C is modified as follows.
Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendants and E’s respective lease agreements 1) Defendant C is a real estate listed in the separate sheet No. 1 (hereinafter “instant building”) on December 2, 201, as indicated in the separate sheet No. 1.
(2) Of E and the instant building, each of the KRW 120,00,000,000, monthly rent of KRW 9,000,000 (including management expenses and value-added tax, the last day of each month), and the term of lease from December 2, 201 to December 2, 2016, the lease agreement under the condition that each of the instant buildings owned by E and the instant owner shall be leased (hereinafter referred to as “first lease agreement”).
Defendant C entered into a bath and a health room (hereinafter “F”) with the trade name “F” from December 27, 201 to December 1, 2016, the date of the conclusion of the oral argument at the trial of the political party, which is from December 27, 2011, after being handed over 2, 3, and 4 floors among the instant building from E around that time.
In addition, Defendant C is operating a building with the permission of Defendant C, in which part 13.22 square meters inboard connecting each point of Annex 4, 5, 6, 14, and 4 of Annex 2 among the five floors of the instant building (hereinafter referred to as “building 2, 3, 4 and the above part among the entire and the five floors of the instant building”) is referred to as “the leased building 1”.
(2) On December 7, 2012, Defendant D entered into a lease agreement (hereinafter referred to as “second lease agreement”) with the following terms: (a) the part of the ship connected in sequence 1, 2, 5, 6, and 1 of the 1st floor of the instant building, which is KRW 50,000,000; (b) the monthly rent of KRW 2,00,000 (including management expenses and value-added tax) and the lease period from December 7, 2012 to December 7, 2014.
Defendant D operated a restaurant in the name of “G” on the same day after delivery of the second leased building from E.
B. 1 Plaintiffs, including the acquisition of ownership and succession to each lease agreement, entered into a sales contract with E on July 9, 2013, and each of the instant buildings on August 14, 2013.