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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) The indication "5, 4, 3, 7, 7." in the attached Form No. 5, 4, 3, 7.
Reasons
1. Basic facts
A. On May 17, 2012, the Defendant: (a) leased from C to June 28, 2015 (hereinafter “instant lease agreement”) a deposit amount of KRW 200,00,000 for the stores located in (i) part of the store (hereinafter “instant store”); and (b) the lease period of KRW 1,00,000 for the rent amount of KRW 1,00,000 for each month; and (c) the lease period from June 29, 2012 to June 28, 2015 for lease (hereinafter “instant lease agreement”).
B. C on January 20, 2014, sold to the Plaintiff a building indicated in the attached Form, including the instant store, and completed the registration of ownership transfer on May 20, 2014.
C. On January 2, 2015, the Plaintiff notified the Defendant that “the instant store was ordered to be clarified by the expiration date of the lease term, as there is no intention to extend the instant lease contract,” and the notification was served on the Defendant around that time.
(A) Evidence Nos. 4 and 3 (hereinafter “instant termination notice”), / [based on recognition] / The parties’ lack of dispute, each entry in Evidence Nos. 1 through 4, and the purport of the whole pleadings.
2. Determination on the main claim
A. According to the facts of recognition as to the Plaintiff’s claim, given that the instant lease contract was terminated on June 28, 2015, which was concluded between six months and one month before the expiration of the lease term, the Defendant, barring special circumstances, is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 1,100,000 per month from July 21, 2016 to the completion date of the delivery.
B. The defendant's simultaneous performance defense (1) has interfered with the plaintiff's collection of premiums, and thus, the defendant cannot respond to the request for extradition of the store of this case until the plaintiff is paid damages equivalent to the premiums.
(2) Dop. Dop.