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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the real estate listed in the separate sheet;
(b) 2,589.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;
A. As the owner of the real estate listed in the attached list (hereinafter “instant apartment”), the Plaintiff, as the wife of C, a real estate broker, decided to lease the instant apartment through D, who served as a brokerage assistant.
D introduced the Defendant as a lessee on April 6, 2005, and prepared and delivered to the Plaintiff a lease agreement of KRW 20 million in the lease deposit and KRW 750,000 in the month of rent (the period shall be 2 years from May 9, 2005). On the other hand, the Defendant prepared and delivered a lease agreement of “the terms that the Plaintiff leases the instant apartment without rent to the Defendant at KRW 80 million in the lease deposit without rent.”
B. D, at that time, presented the terms and conditions of the lease that are different from those of the Plaintiff and the Defendant that the Plaintiff and the Defendant would not directly agree on the terms and conditions of the lease, and led the Plaintiff and the Defendant to receive the lease deposit and the rent through themselves, after preparing and delivering the lease agreement entirely different from those of the above.
Accordingly, the defendant delivered D the lease deposit amount of KRW 80 million to D, and the plaintiff received KRW 20 million from D as the lease deposit, and later delivered the apartment of this case to the defendant, and the defendant occupied and used the apartment of this case until the date of closing argument.
C. After that, D demanded the Defendant to increase the rent deposit on May 15, 2007 and completed and delivered a lease contract under the Plaintiff’s name to increase the rent deposit amount of KRW 120,000,000 on May 15, 2007, and KRW 140,000,000 on May 4, 2011, and received the increased portion, while preparing and granting a lease contract under the Plaintiff’s name to increase the rent amount according to the market price. While preparing and granting a lease contract to the Plaintiff by November 8, 2015, D paid monthly rent amount by November 8, 2015.