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The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is from 10,876,00 to 17, 2020 to 10,876,00 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On October 17, 2002, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 25 million, monthly rent of KRW 300,000,00,000, and two-year lease period of KRW 2500,000,000,000 in the attached Form Nos. 1, 2, 3, 4, and 1 among the real estate listed in the attached Table (hereinafter “instant building”).
B. The Plaintiff and the Defendant renewed the instant lease agreement and increased the rent to KRW 350,000 per month around June 201.
C. On May 2014, the Plaintiff and the Defendant drafted a lease agreement (hereinafter “instant lease agreement”) under the terms that the Plaintiff leases the instant building part to the Defendant by setting the deposit amount of KRW 25 million, KRW 340,000 per month, and the period from May 20, 2014 to May 20, 2015, in addition to the lease agreement initially prepared at the time of entering into the instant lease agreement.
Since around 2011, the Defendant carried out small-scale repair works, such as singing, repairing, mooring, etc. of some households of the instant building owned by the Plaintiff.
E. On September 2, 2019, prior to October 16, 2019, the date of expiration of the instant lease agreement, the Plaintiff sent to the Defendant a certificate of the content that the Plaintiff requested restitution and eviction at the time of termination of the contract.
[Ground of recognition] Facts without dispute, Gap 1, 5 evidence, Eul 4 and 11 evidence (including numbers), the purport of the whole pleadings
2. Determination on the principal claim and counterclaim following termination of the lease agreement
A. The Plaintiff’s assertion 1) The Defendant concluded the instant lease agreement from around 2004 to October 16, 2019, and did not pay the amount equivalent to KRW 16,490,000.
Since the instant lease agreement was terminated on October 16, 2019 due to the termination notice and expiration of the period due to unpaid rent, the Defendant’s instant building part is the Plaintiff.