1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) deliver the buildings listed in the separate sheet;

(b) 1,264.

1. Facts of recognition;

A. On August 30, 2006, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 10,000,000, monthly rent of KRW 200,000 with the building listed in the separate sheet (hereinafter “instant building”) and renewed the lease agreement (hereinafter “instant lease agreement”) on January 30, 208 by leasing KRW 5,000,000, monthly rent of KRW 200,000.

B. Meanwhile, on May 17, 2006, the Defendant concluded a sales contract with Nonparty 1 Construction Co., Ltd. to sell the instant building, and concluded a lease contract with the content that the Defendant is entitled to continue to use the instant building and to enjoy profits therefrom.

C. Around May 20, 2015, an soft Construction Co., Ltd. transferred the ownership of the instant building to same-sex Development Co., Ltd., and around October 19, 2015, same-sex Development Co., Ltd. prepared a written confirmation confirming that the Defendant still has the right to use and benefit from the instant building.

On November 9, 2015, same-sex Development Co., Ltd. filed a lawsuit against the Plaintiff seeking the delivery of the instant building based on ownership.

(The grounds for recognition) / [The grounds for recognition] of the absence of dispute, Gap evidence 1, 2, Eul evidence Nos. 1 through 21 (including the branch numbers, if any) and the purport of the whole pleadings as a whole.

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion that the defendant transferred ownership of the building of this case to risen Construction Co., Ltd., but leased the building of this case to the plaintiff, and the plaintiff paid KRW 26,000,000 to the defendant according to the lease contract of this case.

Therefore, since the instant lease agreement is null and void, the Defendant should return to the Plaintiff KRW 26,000,000 as unjust enrichment.

B. In determining the lease relationship, the lessor is the lessee of the leased object.