A. A B reconstruction association (hereinafter referred to as a “ reconstruction association”) is a project implementer that implements a new construction of “F” commercial buildings (hereinafter referred to as “instant commercial buildings”) at the size of 4,144.3 square meters in Jung-gu Seoul Metropolitan Government E-gu, Seoul, Seoul.

On September 12, 2002, the Plaintiff is an execution agent who entered into a comprehensive execution contract with the reconstruction association to acquire the right of lease of the commercial building of this case and sell it in lots.

B. Around July 22, 2008, the Plaintiff entered into a lease contract of this case with the Defendant on the total amount of KRW 74,000,000 with respect to the five-story unit (3.9 square meters for exclusive use by one unit) among the stores of this case (i.e., lease deposit amount of KRW 35,500,000, excluding lease deposit of KRW 38,500,000, and value-added tax).

Under the lease contract, the plaintiff and the defendant decided to draw a lot after the payment of the balance, and settle the sales price according to the area of the store determined by lot.

The overdue interest rate for the sale price is 19% per annum.

C. On February 24, 2010, the Defendant: (a) set up a five-story shop among the instant commercial buildings (hereinafter “instant store”) and set up a separate shop under the lease agreement; and (b) set up a five-story shop.

The exclusive use area of the instant store is 3.8 square meters, 13.04 square meters for public use, and 16.92 square meters for total sale area.

On March 19, 2010, upon the increase or decrease in the size of a store determined by the above lot, the Plaintiff settled the sales price excluding the rental deposit to the Defendant according to the exclusive area (3.9m2) (based on the standard of 13.22m2m2) and notified the Defendant of the fact that the rental deposit is settled in accordance with the sale area (based on the standard of 13.22m2m2) as follows: (i) the sales price of the remainder of 26,083,700 won (i.e., the final lease price of 88,123,700 won - the term payment of 62,040,000 won) by April 30,

A

D. On February 23, 2010, the Defendant filed a lawsuit claiming the return of the sale price against the Plaintiff and the reconstruction association, but was dismissed on June 13, 2013, and the Seoul Central District Court.