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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Underground among the real estate indicated in the attached real estate’s indication, 91.
Reasons
1. Determination on the main claim
A. (1) On March 9, 2005, the Plaintiff leased the real estate of 91.9 square meters underground (hereinafter referred to as “instant real estate”) among the real estate indicated in the attached property indicated in the attached Form to the Defendant as the lease deposit amount of KRW 10 million, monthly rent of KRW 300,000,000, and KRW 24 months. Since that time, the Defendant has received the instant real estate and operated the singing points.
(2) The above lease contract was renewed on March 9, 2009, and the monthly rent was increased to KRW 400,000,000, and the lease term was 24 months.
(3) The Defendant paid only rent by June 8, 201, and did not pay rent from June 9, 201.
Accordingly, the Plaintiff expressed his/her intent to terminate the said lease contract by the instant lawsuit on the grounds of the delinquency in payment of two or more rents, and the duplicate of the instant complaint was served on the Defendant on December 15, 2013.
[Ground for Recognition: Facts without dispute, entry of evidence A1 and 2, purport of the whole pleadings]
B. (1) According to the above facts of recognition, the instant lease contract was lawfully terminated on the grounds of arrears over the period of at least two years on December 15, 2013, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, as sought by the Plaintiff, to pay the Plaintiff a rent of KRW 400,000 per month from December 9, 2013 to November 8, 2013 at the rate of KRW 400,000 per month from June 9, 2011 to November 8, 2013. In addition, the Defendant is obligated to pay the overdue rent of KRW 1160,00 (=29 months x 400,00).
(2) A judgment on the Defendant’s assertion (A) as to the Defendant’s assertion, the Plaintiff could not use the instant real estate to the extent of 20% due to the Plaintiff’s failure to repair the water leakage of the instant real estate. As such, the Defendant’s claim against the Plaintiff for return of unjust enrichment (i.e., KRW 400,00 per month x KRW 2/10 x 9 years x 9 years) set off against the Plaintiff’s overdue rent claim against the Plaintiff.
(B) Determination is made by the Defendant.