Text
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
Reasons
1. Facts of recognition;
A. 1) From around 2005, the Plaintiff is a 4-story building located in North Korea-gu, Mapo-si (hereinafter “instant building”).
(2) On April 20, 2010, the Defendant acquired ownership of the instant building and succeeded to the status of the previous lessor against the Plaintiff. At that time, the lease deposit was KRW 30 million and the rent was KRW 120,000 per month (including management expenses and value-added tax).
3) On August 22, 2016, the Plaintiff entered into a new lease agreement with the Defendant on the leased object, including KRW 30 million, KRW 1.2 million per month, KRW 1.2 million per month, and management expenses (excluding each value-added tax), and from September 5, 2016 to September 5, 2018 (hereinafter “the primary lease agreement”).
(4) On November 3, 2017, the Plaintiff entered into a lease agreement between the Defendant and the third floor D, which is KRW 20 million, KRW 700,000 per month, and KRW 100,000 per month, and KRW 100,000 per month, and the term of lease from November 5, 2017 to November 5, 2019.
(5) On November 3, 2017, the Plaintiff terminated the first contract with the Defendant, and the Defendant returned the Plaintiff KRW 10 million out of the deposit for the first contract and at the same time decided to appropriate the remainder as the deposit for the second contract lease. (6) All of the following special agreements stated that “Lessee shall restore to its original state upon the termination and termination of the contract.” The details of the first contract stipulate that “The first contract shall be restored to its original state upon the termination and termination of the contract.” In addition, the first special agreement stipulate that “The former lessee’s restoration agreement will be succeeded to its original state to the lessee.”
B. On July 5, 2018, the Plaintiff entered into a contract with E for the removal of the leased object of the primary contract (hereinafter referred to as “the primary removal contract”) around July 5, 2018.
(2) On March 10, 2019, the Plaintiff entered into a contract with E and the first contract.