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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant), attached Form 1, against the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Grounds for the court's explanation concerning this part of the basic facts
1. Since it is the same as the part of the facts recognized, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. The Plaintiff’s assertion that the instant lease agreement was terminated on the grounds of the delinquency in rent of at least three occasions of Defendant B, and the Plaintiff sought against Defendant B the delivery of the instant real estate on the basis of the instant lease agreement or ownership, and sought payment of the amount calculated by applying the rate of KRW 12,750,000 for overdue rent and the unjust enrichment of the leased party, as well as damages for delay thereof, and the amount calculated by applying the rate of KRW 750,000 per month from April 1, 2019 to the completion date of delivery of the instant real estate.
Defendant C, along with Defendant B, operated a singing room on the instant real estate. As such, the Plaintiff sought the delivery of the instant real estate to Defendant C based on ownership, and jointly with Defendant B, sought payment of money calculated at the rate of KRW 750,000 per month from April 1, 2019 to the completion date of the delivery of the instant real estate.
B. 1) As seen earlier, Defendant B did not pay the Plaintiff the rent from April 2016, 2016 to September 2016, and from July 1, 2017 to April 1, 2018. As to the instant lease agreement, it is deemed that the Plaintiff’s declaration of termination on the ground of at least three years of rent has been lawfully terminated on June 5, 2019, when the Plaintiff reached the Defendant B. As to the instant real estate, the Defendants were unable to use singing machines, etc. due to water leakage, even though there exist defects in the instant real estate that prevent the use of singing machines, etc. due to the danger of fungsing, it was impossible for Defendant B to use the instant real estate for the period from June 2016 to September 2017, 201 as the Plaintiff failed to perform its repair obligation.