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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 416,664,820 as well as the full payment from October 29, 2016.
Reasons
1. Basic facts
A. On June 22, 2005, the Plaintiff completed the registration of ownership transfer in its name with respect to each land listed in the separate sheet No. 1.
B. The Defendant is a juristic person operating parking management business, etc. with its head office located in 100 as the Eup/Myeon wish of the Sinsan-si.
C. On January 7, 2013, the Plaintiff entered into a lease contract with the Defendant on the site for the Yansan-si parking lot, which was prepared at the time of the said contract, stating that “The leased object is part of the land listed in the attached Table 1 List 1, which was prepared at the time of the instant lease contract with 162.5m2, which is part of the land listed in the attached Table 1 List 1, as “305m2, Asan-si, Asan-si,” but this is an error and the land for which the Defendant entered into a lease contract and actually carries on the parking lot business is a part of “the land listed in the attached Table 1 List 1, as to which the Defendant carries on the parking lot business”, there is no dispute between the parties. The purpose of the lease is the parking lot, the lease period is from January 1, 2013 to December 31, 2015, and the annual rent is indicated as “11,943,750 won”.
(A) As seen below, a dispute between the parties with respect to the subject matter of the above lease agreement (hereinafter the above lease agreement on January 7, 2013 is referred to as the “instant lease agreement,” and the land subject to the above contract is referred to as the “land No. 1”).
The Plaintiff, around April 2013, entered into the lease agreement in which part of the land indicated in paragraph (3) of the attached Table 1, as part of the land indicated in paragraph (1) of the same Table with the Defendant and paragraph (1) of the attached Table 1, was located at the time of the instant lease agreement, on which the location of the leased land is indicated as “305 square meters in Sinsan-si, Sinsan-si, and the area of which is “16 square meters” but this is recorded by mistake, and the land in which the Defendant entered into an actual lease agreement and used as entry into a parking lot is located is part of “8 square meters in Sinsan-si, Sinsan-si, Sinsan-si.”