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1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked and the revocation part shall be applicable.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. 1) On July 3, 2012, the Defendant entered into a prior lease agreement (hereinafter “instant real estate”) with the Plaintiff who was represented by D as his/her mother C as his/her agent on July 3, 2012, and between the Plaintiff and the Plaintiff, Seocho-gu Seoul E-building No. 54.60 square meters
) Although the Plaintiff entered into a lease agreement with a lease deposit amount of KRW 15,00,000,000, monthly rent of KRW 2,000,000, and KRW 36 months on the lease agreement (No. 1) with the same floor G No. 24.96 square meters and KRW 38.5 square meters adjacent thereto, in consideration of the fact that the entire real estate registration certificate (No. 4) was divided into KRW 79.56 square meters in Seocho-gu, Seoul, Seoul, on November 9, 2004 and divided into KRW 54.60 square meters in the same floor, and KRW 2,00,000,000, and KRW 15,000,000,000 in the lease deposit and KRW 2,20,000,000 from the Plaintiff at around that time, the real estate was actually owned and used by the Plaintiff and the Defendant.
B. 1) The Defendant, on January 18, 2013, signed a follow-up lease agreement, is an incorporated foundation I (hereinafter “instant incorporated foundation”) in which H, which was introduced by D as his/her agent, is the chief director.
Between the instant real estate and the instant G heading 24.96 square meters adjacent thereto, and a total of 79.56 square meters, a lease contract was concluded between KRW 30,000,000 per lease deposit, KRW 2,000 per month of rent, and KRW 2,00,000 per lease term from January 31, 2013 to January 31, 2016. At that time, the instant foundation was paid KRW 15,00,000 out of the lease deposit by the said foundation.
On July 14, 2012, a lease contract was concluded between the representative mother C and the Plaintiff of the Defendant’s representative of the building owner. The said contract terminated on January 18, 2013, and the president of the incorporated foundation of this case entered into a lease contract with H.
Provided, That the rent, etc. in arrears from July 14, 2012 to January 31, 2013, etc. shall be determined by the president of the incorporated foundation of this case on January 31, 2013 by the chief director of the incorporated foundation of this case.