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1. The counterclaim against the Plaintiff (Counterclaim Defendant) Co., Ltd. shall be dismissed.
2...
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On December 23, 2014, Plaintiff Lee Won-won entered into a sales contract for each real estate listed in the separate sheet, sold each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant on December 23, 2014, and the real estate listed in paragraph (1) of the separate sheet (hereinafter “instant building”) at KRW 475 million in the purchase price (hereinafter “instant sales contract”), and completed the registration of ownership transfer in the Defendant’s future on January 29, 2015.
B. Each lease contract between the parties (i) was concluded between the Defendant and the Defendant on the same day, setting the lease deposit amount of KRW 30 million for the first floor of the instant building, KRW 2 million per month, management expenses, KRW 640,909 per month, and the lease term from January 29, 2015 to January 28, 2017. As regards the third floor of the instant building, the Plaintiff concluded each lease contract by setting the lease deposit amount of KRW 50 million for the three floors of the instant building from January 29, 2015, KRW 3 million per month, management expenses, KRW 698,196 per month, and the lease term from January 29, 2015 to January 28, 2016.
B. The Plaintiff A leased and used the first floor of the instant building from the Plaintiff Leewon. On the same day, the Plaintiff and the Defendant entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 100 million for the first floor of the instant building, KRW 8 million per month, KRW 579,530 per month, and KRW 579,530 per month, and the lease term from January 29, 2015 to January 28, 2016.
Article 7 of the former Building Act provides that the Plaintiff and the former enter into a lease agreement between the Defendant and the latter by setting the lease deposit amount of KRW 30 million, KRW 30 million, KRW 300,000,000 per month, KRW 614,196, and the term of lease from January 29, 2015 to January 28, 2016.
x) The plaintiff's U.S. Model was leased and used by the plaintiff Lee Won-won on the second floor of the building in this case, but on the same day between the defendant and the second floor of the building in this case.