Text
1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is simultaneously paid KRW 40,000,000 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 4, 2005, the Plaintiff leased each of the buildings listed in the attached list (hereinafter “instant store”) to the Defendant with the lease deposit of KRW 40 million, monthly rent of KRW 1.5 million, and the lease period from June 30, 2005 to June 30, 2007, respectively.
(hereinafter “instant lease agreement”). B.
From the time of the conclusion of the instant lease agreement to the day of the closing of argument, the Defendant operated the real estate agent office in the instant store, and continued to pay the Plaintiff a monthly rent under the said lease agreement.
(However, from October 2013, 1580,000 won per month and 1680,000 won per month from February 2015.
The plaintiff has passed on May 3, 2016 and the same year.
6. 29. The Defendant demanded the delivery of the instant store on the ground that the instant lease contract was terminated.
On the other hand, at the time of entering into the instant lease agreement, the Defendant paid KRW 30 million to Nonparty D, a real estate agent, a former lessee, to Nonparty D. A new lessee E on or around December 2016, but the Plaintiff refused to enter into a new lease agreement with Nonparty E on the instant store.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings
2. According to the above facts as to the claim of the principal lawsuit, the lease contract of this case was implicitly renewed pursuant to Article 10(4) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) after June 30, 2007, and thereafter, the lease contract of this case terminated on August 3, 2016 by the Plaintiff who expressed his/her intention of termination to the Defendant around May 3, 2016.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and the Plaintiff is only 40 million won as lease deposit under the instant lease agreement.