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1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 18, 2016, the Plaintiff leased the instant real estate from C, a former owner of the instant real estate, for the lease deposit of KRW 30,000,000, monthly rent of KRW 400,000, and for the lease period from November 21, 2016 to November 20, 2017.
B. The Plaintiff paid C the lease deposit amount of KRW 30,00,000 on November 18, 2016 and KRW 30,000,000 on a total of KRW 29,00,000 on November 21, 201 of the same month, and received the instant real estate from C. On November 23, 2016, the Plaintiff completed the resident registration of the instant real estate and obtained the fixed date on the lease agreement.
C. On June 15, 2017, the Defendant purchased the instant real estate from C in the purchase price of KRW 145,00,000, and entered into a sales contract with a lessee to succeed to the lease, and completed the registration of ownership transfer on July 7, 2017.
On November 18, 2017, under D’s brokerage, the Plaintiff entered into a lease agreement with the following terms: (a) the lease deposit amount of KRW 5,000,000 (existing deposit of KRW 30,000,000); (b) the monthly rent of KRW 300,000; and (c) the lease term of KRW 300,000 from November 21, 2017 to November 20, 2018 (hereinafter “instant lease agreement”); and (d) the special agreement provides that “the amount of KRW 5,00,000 from the existing deposit of KRW 30,00,000; and (c) the return of KRW 35,000,000 is liable from E’s real estate.”
E. On November 23, 2017, the Plaintiff paid KRW 5,000,00 increased among the instant lease deposit to the Defendant, and obtained the fixed date in the instant lease agreement on November 24, 201.
F. The instant lease agreement was renewed on November 21, 2018, and the Plaintiff is anticipated to have the contract terminated on September 9, 2019, and thus, the Plaintiff requested the Defendant to refund the deposit and did not intend to extend the contract.
“The content certification was sent.”
[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 11, entry of Eul 1, 3, and 4 (including each number; hereinafter the same shall apply).