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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a)one floor of the ground assembly board on the real estate listed in the annex list;
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence 1, Gap evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 5, and Eul evidence 6, and there is no counter-proof.
On September 27, 1990, the deceased C (hereinafter “the deceased”) completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant land”).
B. The Deceased leased the instant land between October 31, 1997 and October 30, 200 with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) and the Defendant (hereinafter “Defendant”), but the rent is KRW 6,000,000 per annum. Upon the expiration of the lease term, the Defendant shall restore the land to its original state within 30 days, and the Defendant entered into a lease agreement to deliver the instant land without any condition, if the restoration to original state is known.
C. On October 28, 200, the deceased and the defendant leased the instant land from October 30, 200 to October 30, 2002; however, the rent is KRW 6,600,000 per annum; when the lease term expires, the defendant shall restore the land to the original state within 30 days; and when the restoration to the original state is known, a lease contract was concluded to deliver the instant land without any condition without compensation.
On October 31, 2003, the deceased and the defendant leased the land of this case from November 1, 2003 to July 30, 2005. The rent is KRW 7,200,000 per annum, and the defendant does not demand superficies on the land of this case unless he is paid for his term of office. On the expiration of the term of lease, the contract was concluded to remove the building and restore it to its original state without any legal problems.
E. The deceased and the defendant shall lease the land of this case from November 1, 2006 to October 30, 2009. The rent shall be KRW 600,000 per month. When the lease term expires, the defendant shall restore the land to its original state within 30 days, and if the restoration to original state is known, it shall restore the land to its original state without compensation.