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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the attached Form.
2...
Reasons
[I see this case's lawsuit and counterclaim together] The Han Schii Co., Ltd. (hereinafter "Korea Schii") established for the purpose of real estate development, lease, etc. and carried out the business of building and leasing and selling D apartment units with 32 units and 600 units in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul.
The Plaintiff, a company established for the purpose of the trust, etc. of real estate, concluded a real estate trust agreement with respect to the Hangro and D apartment Nos. 106, 301 (hereinafter “instant apartment”) on February 25, 201 (hereinafter “instant trust agreement”), and completed the registration of ownership transfer for reasons of trust in the future of the Plaintiff on the same day.
The Defendants are married couple. On February 25, 2009, Defendant B entered into a lease agreement of KRW 5 years, lease deposit of KRW 2,520,700,000, monthly rent of KRW 4,291,000 from the commencement date of the period of designation of occupancy of the apartment of this case, and Defendant B entered into a lease agreement of KRW 2,949,80,000 (no monthly rent) with the lease deposit of KRW 2,949,80,000 until January 31, 2016.
(hereinafter referred to as the “instant lease agreement.” The Defendants paid the lease deposit to Hanman, pursuant to the instant lease agreement, and around that time, occupied and used the instant apartment after being handed over.
In the instant lease agreement, the special agreement is stipulated as follows in relation to the conversion for sale in lots.
(hereinafter “instant clause for conversion for sale in lots.” Article 2 of the lease agreement of this case [Special Agreement] ① The pre-sale conversion price at the time when two years and six months have elapsed from the expiration date of the initial period for designation of occupancy designated at Hani-soki, after completion, shall be the arithmetic average of appraisal values of Hani-so and the appraisal corporation selected by the Defendants respectively.
(2) The first period of designation of occupancy designated at the Hani flood after the completion of works.