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1. From September 1, 2015 to September 2016, 2016, the Plaintiff (Counterclaim Defendant) occupied C large 237.7 square meters in the following cities owned by the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of EM (the owner of land and buildings) located in EM located in EM, Y, Y, and the Defendant is the owner of the CM 237.7 square meters located next to the EM (hereinafter “instant land”).
B. On December 24, 2010, the Plaintiff leased the instant land from the Defendant with a deposit of KRW 30,000,000 from the Defendant, and KRW 1,000,000 per month from the end of each month (i.e., the period of lease for the last day of each month) from December 30, 201 to December 30, 2012 (i.e., lease deposit of KRW 30,000,000, monthly rent of KRW 70,000, and the term of lease from December 30, 2010 to December 30, 201) (i.e., lease deposit of KRW 30,000,000, monthly rent of KRW 70,000 from December 30, 201 to December 30, 200, respectively).
C. On the ground of the instant land, parking lot facilities (including signboards indicating that the instant land is an EMoel parking lot) were installed, and the Plaintiff used the instant land as EMoel parking lot after the said lease, and removed parking lot facilities installed on the ground of the instant land and delivered the instant land to the Defendant around September 30, 2016.
The Plaintiff paid KRW 14,00,000 to the Defendant on August 25, 2015 due to the rent, etc. of the instant land, and deposited KRW 4,086,325 on October 29, 2015.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 3, Gap evidence 2, 3, Gap evidence 4-1 through 4, Gap evidence 5, 6, Gap evidence 7-1, 2, Eul evidence 2, Eul evidence 3-1, 2, 3-2, 3, and Eul evidence 4, and the purport of whole pleadings
2. The parties' assertion
A. Plaintiff 1) On August 31, 2015, the termination date of the lease between the Plaintiff and the Defendant is KRW 44,000,000 ( KRW 1,000,000) and 44 months. The Plaintiff paid KRW 14,00,000 to the Defendant on August 25, 2015, and the Plaintiff paid KRW 14,00,000 to the Defendant on October 4, 2015.