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1. The Defendant (Counterclaim Plaintiff) from the Plaintiff (Counterclaim Defendant) to KRW 14,608,00 from September 16, 2017.
Reasons
1. The judgment of the defendant and D on the claim of this lawsuit was made on September 15, 2007 by adding the lease deposit amount of KRW 40 million, monthly rent of KRW 220,000,000 from September 15, 2007 to September 14, 2009; the lease contract was implicitly renewed between E, F and the defendant after the expiration of the above lease period; the plaintiffs entered into a sales contract on the real estate of this case on April 26, 2016, and completed the registration of ownership transfer on June 20, 2016; the plaintiffs notified the defendant of the termination of the lease contract; the defendant notified the defendant of the termination of the lease amount of KRW 40,00,000,000 from July 21, 2016 to KRW 200,000 from value-added tax to KRW 1601,70,000,000 for each of the parties to the lawsuit of this case; and
According to the above facts, the lease agreement between the existing defendant, E, and F on September 15, 2007 between the existing defendant, E, and F was explicitly renewed after the expiration of the lease agreement (However, in the process, only the defendant, other than D, maintained the lessee's status by himself) and it was lawfully terminated on July 21, 2016 by the plaintiffs' notice of termination as of July 21, 2016.
Therefore, the Defendant deducted the unjust enrichment of an amount equivalent to the rent of KRW 25,392,00,00, calculated by deducting the amount of KRW 11,792,000,000 (= KRW 400,000,000), which is the aggregate of the unjust enrichment of the rent of KRW 40 million from the Plaintiffs to September 15, 2017 and the unpaid value added tax and the restitution cost (= KRW 11,792,00,000), from KRW 14,608,000 (= KRW 40,000 - KRW 25,392,00) to the delivery of the instant real estate from September 16, 2017 to the completion date of delivery of the instant real estate.