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1. The defendant (Counterclaim Plaintiff)'s counterclaim is dismissed.
2. Defendant B Co., Ltd. shall list the Plaintiff (Counterclaim Defendant) in attached Form 1.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. The Plaintiff is the owner of Pyeongtaek-si Dsports site 110,783 square meters (hereinafter “instant land”).
B. On July 3, 2003, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) leased 300,600 square meters out of the instant land to Defendant B in the lease deposit amounting to KRW 50,000,000,000 per month, and KRW 2,50,000,000 per month, respectively.
A. A lessee of land under Article 3 (Basic Terms and Conditions of Lease) of the Real Estate Lease Agreement is established under this Agreement on the condition that both the building, auxiliary facilities, and operating rights invested on the ground for the purpose of the lease agreement shall be transferred to the lessor A without compensation upon termination of the lease agreement. The lease term under Article 6 (Period of Lease) shall be 180 months (15 years). The rent under Article 7 (Payment of Rent) shall be paid in advance from May 30, 2003, regardless of the completion of the investment in the facilities. The lease deposit and rent shall be renewed under mutual agreement in four years after the completion of the lease agreement under Article 8 (Adjustment of Rent) or even after the termination of the lease agreement under this agreement. The ownership and operating rights of the building attached to the land shall be transferred to the lessor A without compensation. The lease term under Article 11 (Prohibition of Sale and Purchase) and the entire purpose of the lease agreement shall not be transferred to the lessor A for any reason other than the purpose of the lease or the entire purpose of the lease.