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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 10,00,000,000.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff related to the parties was the lessee of Yongsan-gu Seoul Metropolitan Government D and the first floor (hereinafter “instant building”). The Defendants were the owner and the lessor of the instant building.
B. The Plaintiff’s lease contract and renewal 1) The Plaintiff leased the instant building from E and F on November 10, 2008, with a deposit of KRW 30 million, KRW 1.5 million, KRW 1.5 million, and a lease contract with a term of two years (hereinafter “instant lease contract”).
(2) Since December 2, 2008, G Licensed Real Estate Agent Office was operated in the instant building. 2) Since then, the instant lease agreement was implicitly renewed, and the said vehicle was increased to KRW 1.6 million on January 10, 2013.
C. On March 9, 2015, the Defendants acquired shares in co-ownership of the instant building in 1/2 shares and succeeded to a lessor status under the instant lease agreement. At the time, the term of the instant lease agreement was up to January 31, 2016. (2) The Defendants notified the Plaintiff on November 2, 2015 that they would no longer renew the instant lease agreement. Accordingly, on December 15, 2015, the Plaintiff shall not interfere with the Plaintiff’s transfer of the right of lease to collect the premium pursuant to Article 10-4 of the Commercial Building Lease Protection Act, and the Plaintiff notified the Plaintiff of its consent to the transfer of the right of lease after the lease agreement.
1) On December 28, 2015, the Plaintiff entered into a contract with H to transfer the right to the instant lease agreement at KRW 100 million for the premium (hereinafter “instant transfer contract”) between H and H on December 28, 2015.
(2) Around December 29, 2015, the Plaintiff notified the Defendants of the consent to the instant transfer agreement, and the Defendants were around January 8, 2016.