Text
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) the delivery of each land listed in the separate sheet;
(b) 24,500.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 8, 2016, the Plaintiff occupied and used each of the instant lands from January 1, 2016 before entering into the instant lease agreement with the Defendant as well as each of the lands listed in the separate sheet (hereinafter “each of the instant lands”). From January 1, 2016, the Defendant, who was occupying and using each of the instant lands before entering into the instant lease agreement, determined the lease term of the instant lease retroactively from January 1, 2016 to January 1, 2016.
The expiration date of the contract can be terminated if the defendant notifies only one month prior to the expiration date, and the contract was concluded with the monthly rent of KRW 1,750,000 without the lease deposit (payment in advance on the fifth day of each month), and the lessor agreed that the contract may be terminated if the overdue rent of the lessee exceeds the amount of the rent of the second period.
(hereinafter “instant lease agreement”). B.
The Defendant used each of the instant land as the parking lot of a limited liability company C, in which he/she is holding office as the representative director, and paid 3,500,000 won to the Plaintiff on April 26, 2016 as the rent for each of the instant land.
C. On February 7, 2017, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.
[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole pleading
2. According to the facts of the judgment on the claim on the main claim, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination on February 7, 2017.
As of April 30, 2017, the rent in arrears to be paid by the Defendant to the Plaintiff is KRW 24,50,000 (=the rent in arrears from January 1, 2016 to April 30, 2017 + KRW 28,00,000 (=16 months x 16 months x 1,750,000)). Accordingly, the Defendant delivers each of the instant land to the Plaintiff, and the Plaintiff seeks as claimed by the Plaintiff.