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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 24,280,000.
Reasons
1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant for the return of the lease deposit as the principal claim. The Defendant filed a counterclaim and filed a joint claim against the Plaintiff for overdue rent and management expenses, and restitution. The court of first instance partly accepted the Plaintiff’s claim, while the court of first instance rejected the claim for restitution among the Defendant’s counterclaim claims, and partly accepted the claim for overdue rent and management expenses.
Since only the plaintiff appealed against this, the scope of the judgment of this court is limited to the claim for the return of the deposit for lease of the claimant in the main lawsuit of the judgment of the court of first instance and the claim for overdue rent and management expenses.
2. The principal lawsuit and counterclaim shall also be deemed the facts of recognition.
A. The defendant is written as J building in the copy of the real estate register of the D building in Seoul Jung-gu, H, C, and I, and the building management ledger (the evidence No. 8-1) is written as D building. The defendant is written as D building on September 17, 2014.
The right holder is the right holder of the 1151.19/5,750.75.
D Building is composed of two underground floors, 8th ground floor buildings, and bridges (which are divided into double walls from 1st to 8th floor), and E (the equity right holder of 4,205.86/5, 750.75) manages each Dong by the defendant and F (the equity right holder of 393.7/5, 750.75).
B. On May 1, 1996, the Plaintiff concluded a lease agreement between the Defendant and the Defendant on the condition that “the lease deposit KRW 30,000,000, monthly rent of KRW 600,000 (excluding value-added tax, which is paid on May 30, 1996), and the lessee may be reconstructed or altered under the approval of the lessor, but the lessee shall bear all the expenses and restore to its original state in the name city of the object of the contract” (hereinafter “instant lease agreement”).