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1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff’s 47,258,088 won and its related amount from February 20, 2018.
Reasons
1. Recognizing the facts, the buildings listed in the separate sheet No. 1 (hereinafter “instant building”) are newly constructed by D Co., Ltd. and completed registration of initial ownership on December 10, 202.
around November 2007, the Defendants, both married and married, acquired D Co., Ltd., and transferred their trade name to E while Defendant C took office as representative director, and thereafter changed to F Co., Ltd. and G respectively.
The Defendants concluded a contract to purchase the instant building with G Co., Ltd. (Defendant C) on December 15, 2017, and completed the registration of ownership transfer on December 1/29, 2017.
D Co., Ltd. entered into a contract on December 22, 2002 with H to the 6th floor of the instant building for the lease of 428.62 square meters to KRW 100 million as a security deposit (hereinafter “instant building”). H paid KRW 100 million to D and renewed the lease contract from around that time while operating main points in the instant building.
(C) On March 1, 2008, the Defendant acquired and entered into a lease agreement with E Company (hereinafter “E”). G filed a lawsuit against H to the effect that H does not pay the monthly rent, around October 2016, on the ground that H does not pay the monthly rent.
The Plaintiff operated a singing room on the fourth floor of the instant building from around 2014, but was in charge of the instant building, was able to operate the existing facilities of the instant building as they were, and was offered the lease of the instant building on December 5, 2016. On December 1, 2016, G and the instant building, the lease term of the instant building was from December 1, 2016 to November 30, 2018, the deposit was KRW 70 million (a down payment of KRW 50 million on December 5, 2016, KRW 20 million on June 5, 2017, and monthly rent was concluded (hereinafter “instant lease agreement”).
Article 20 of the lease agreement of this case provides for a holiday and restoration to its original state, and "Lessee shall be free of charge the body of facilities installed within the leased object."