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1. The Defendant (Counterclaim Plaintiff) C is the Plaintiff (Counterclaim Defendant).
A. Of the area of 757 square meters in Chungcheongnam-si, the attached Form 1 Map No. 13, 14, 15.
Reasons
1. Basic facts
A. On February 21, 2012, the Plaintiff entered into an agreement with G on the lease of approximately 795 square meters (hereinafter “instant leased land”) adjoining to the road, among the 2,536 square meters of land in Chungcheongnam-si, Chungcheongnam-si, with a deposit of KRW 10,00,000, annual rent of KRW 10,000, annual rent of KRW 100,000, and the period from March 7, 2012 to March 6, 2014 (hereinafter “instant lease agreement”). The Plaintiff entered into an agreement with G to the effect that “the lessee shall be obligated to restore the building upon the termination of the instant lease agreement” (hereinafter “instant agreement”).
B. On February 21, 2012, the Plaintiff received annual tax of KRW 10,00,000 from G. From March 8, 2013 to January 7, 2014, the Plaintiff received a total of KRW 10,000,000 per annum from G’s account during the period from March 8, 2013 to January 7, 2014. The Plaintiff received KRW 4,50,000,00 from Defendant B, who is a partner of G, to the account on May 7, 2014; KRW 2,50,000 on December 13, 2014; and KRW 2,50,000 on April 13, 2015; and KRW 5,00,000 on September 5, 2015, respectively.
C. G was killed on February 9, 2014, and his/her bereaved family members were Defendant C, which is the mother. Of the 757 square meters in the attached Form 13, 14, 15, 8, 9, 10, 11, 12, and 13 among the 757 square meters in Chungcheongnam-si, Chungcheongnam-si, the Plaintiff owned, the Defendant C. The Defendants occupy each of the instant land, each of which is the same as the 16, 17, 12, 10, 10, 9, 37, 36, and 16 square meters in the attached Form 16, 17, 12, 10, 9, 8, 37, 35, and 16 (hereinafter “each of the instant land”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number in case of additional number), Eul evidence Nos. 3 through 6, and 9, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) expired due to the expiration of the term of the instant lease, and the Plaintiff wishes not to renew the contract to Defendant B who demanded the renewal of the lease.