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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, among the real estate listed in the attached Table No. 1, 2, 3, and 4.
Reasons
1. Basic facts
A. On April 22, 1996, the Plaintiff leased deposit deposit money of KRW 20,00,000, monthly rent of KRW 520,00, and two years for lease period of KRW 520,00,00 to the Defendant (hereinafter “instant lease contract”) with each point of (a) part of (a) and 48.58 square meters connected to the Defendant, among the real estate listed in the attached list, in sequence 1, 2,3,4, and 1 of the attached drawings among the real estate listed in the attached list (hereinafter “instant lease”).
B. The Defendant is operating a printing office in the instant building.
C. On March 30, 2010, the Plaintiff and the Defendant renewed the instant lease agreement with the terms of KRW 26,000,000, monthly rent of KRW 1,300,000, and the lease period of KRW 2 years.
Since then, the instant lease contract was implicitly renewed, and the Plaintiff notified the Defendant that there was no plan to renew the contract after January 14, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2, Gap evidence 4-1, 2, 3, the purport of the whole pleadings
2. Determination
A. The instant lease agreement was terminated on March 30, 2016 by the Plaintiff’s notification of rejection of renewal as to the principal lawsuit.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
B. 1) Determination on counterclaim 1) The Defendant alleged that C, known to the Defendant, would rent the instant building to the Defendant by paying KRW 70,000,000 as the premium, and the Plaintiff was aware of such fact. The Plaintiff obstructed the collection of the premium for the Defendant in such a manner that C did not cooperate with the Defendant in paying the premium for the Defendant and leasing it. The Plaintiff shall compensate the Defendant for damages equivalent to the said premium. (2) According to Article 10-4(1) of the Commercial Building Lease Protection Act, the lessor requested the lessor to pay the premium for the first time to the person who wishes to become the new lessee arranged by the lessee, from three months to the expiration of the lease.