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1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 23, 2005, the Plaintiff entered into a lease agreement with the Defendant under which the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and each of the buildings listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) owned by the Plaintiff (hereinafter “instant building”) as indicated in the attached Table No. 1 (hereinafter “instant land”) are leased with the lease deposit amount of KRW 22 million, monthly rent of KRW 300,000, and the lease term of KRW 300,000 from September 23, 2005 to September 23, 2007. As a special agreement, the Plaintiff entered into an agreement with the Defendant that “the lessee (the Defendant) may not claim the right to the lessor (the Plaintiff) once more than one extension if he newly constructs and uses a prefabricated building of less than 30 square meters
B. After September 16, 2010, the Plaintiff entered into a lease agreement with the Defendant on the condition that the instant land and building was leased with a deposit of KRW 25 million, monthly rent of KRW 600,000,000, and from September 2, 2010 to 24 months from the lease term. This agreement is a three-time lease agreement of September 23, 2005 (second extension) as the special terms and conditions. 7 units of a prefabricated building newly constructed by the lessee (the Defendant) at the time of the initial contract are not arbitrarily asserted their rights to the lessor (the Plaintiff is owned by the Defendant) after one extension.
C. After September 9, 2012, the Plaintiff entered into a lease agreement with the Defendant on the condition that the instant land and buildings are leased with a deposit of KRW 30 million, monthly rent of KRW 700,000,000, and the lease term of KRW 24 months from September 23, 2012, the Plaintiff entered into a lease agreement with the Defendant that “the lessee may remodel or alter the instant land and buildings with the approval of the lessor (the Plaintiff), but the lessee would be entitled to restore the said land to its original state at the expense of the lessee (the Defendant) prior to the date of return of the real estate (Article 5 of the said lease agreement), and the special terms and conditions are the four-time lease agreement of the lessee on September 23, 2005 (three-time extension). On September 23, 2005, seven-dimensional buildings newly constructed by the lessee (the Defendant) at the time of the initial contract extended once.