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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 264,375,976 from the Plaintiff (Counterclaim Defendant) and its related amount from September 15, 2015 to June 2016.
Reasons
1. Circumstances leading to the dispute of this case;
A. The Plaintiff purchased the instant real estate from C and completed the registration of ownership transfer on October 2, 2014.
B. Before the Plaintiff purchased the instant real estate, the Defendant leased the instant real estate by setting the lease deposit amount of KRW 500,000,000 from C on January 16, 2014, and the monthly rent of KRW 20,000,000 (including management expenses, additional tax), on the 25th day of each month, and the lease period from January 25, 2014 to January 24, 2016.
C. On October 2, 2014, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate (hereinafter “instant lease agreement”) with the purport of succeeding to the lease agreement between C and the Defendant, except for the change of the date of monthly rent payment between the Defendant and the Defendant on October 2, 2014 (the lease agreement was entered into on October 22, 2014). On the same day, the Defendant completed the registration of the establishment of the instant real estate on the security of KRW 500,000,000 for the said lease deposit.
On the other hand, around January 2014, the Defendant entered into a contract with D (the Plaintiff sought to transfer the instant real estate against D at the time of filing the instant lawsuit, but withdrawn the lawsuit against D on April 29, 2016) and D to operate the “EM” on the instant real estate on behalf of D, and to pay D a monthly rent of KRW 12,50,000 for the Defendant to D on behalf of the Defendant and to pay D a monthly rent of KRW 12,50,000 for the Defendant. Since January 27, 2014, D operated the Moel on the instant real estate.
Since then, the Plaintiff purchased the instant real estate, the Defendant and D agreed to pay the monthly rent to the Plaintiff, on behalf of the Defendant, a lessor.
E. However, D did not pay the Plaintiff the monthly rent, and the Defendant did not pay the proceeds to the Defendant, and the Defendant did not file a claim against D for the delivery of the instant real estate and the unpaid proceeds under the Sungnam Branch of Suwon District Court 2015Gahap164.