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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall receive each real estate listed in the attached Table 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 December 10, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 50 million, annual rent of KRW 40 million, and the lease term of KRW 5565,00,00 from December 19, 2012 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with the Defendant on the lease of each real estate listed in the separate sheet (hereinafter “instant private-use building”) from the Defendant, with respect to each real estate listed in Articles 3 and 4 of the separate sheet of the above real estate, with the Jeju District Court No. 8565, Jan. 31, 2013.
B. The Plaintiff paid KRW 35 million at the facility cost to C, a lessee of the instant private building, and paid KRW 90 million to the Defendant by December 19, 2012, and thereafter, paid KRW 143,961,130 to the instant private building during the period from December 12, 2012 to May 2013 for the private-use gambling business.
C. On April 20, 2013, the Plaintiff began operating his/her business from around April 20, and on July 18, 2013, the Plaintiff reported the instant private-use building to be a private-use building in accordance with the Rearrangement of Agricultural and Fishing Villages Act, and was able to engage in private-use gambling business only within the scope of less than 230 square meters of the total floor area of the housing, but the Defendant reported the use for private-use lodging business of less than 219.45 square meters of the first floor among the instant private-use building, and was given a prior notice of corrective order on the ground that the Plaintiff operated his/her business for accommodation without permission by changing the 109.8 square meters of the first floor and 2nd floor from the Do Eup office to the 329.79 square meters of the second floor from November 20, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 to 3, and 6 to 11 (including each number), witness E's testimony, and witness's office at Jeju of this Court respectively.