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

A. It delivers the Seocho-gu Seoul Metropolitan Government Da building 274.72 square meters per 1 floor.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

가. 피고들은 2016. 12. 19. 서울 서초구 D빌딩(구 명칭 ‘E빌딩’, 이하 통칭하여 ‘이 사건 건물’)의 소유자였뎐 소외 F으로부터 위 건물 중 지1층 274.72㎡ 부분(이하 ‘이 사건 임대부분’)을 계약기간 2017. 1. 20.부터 2019. 1. 19.까지, 보증금 5,000만 원, 차임 월 440만 원으로 정하여 임차하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’)을 체결하였다.

Article 4 of the terms and conditions of the above lease agreement provides that "a lessor may terminate the lease agreement at the time of arrears of the rent for at least three years," and Article 5 of the terms and conditions of the special agreement provides that "the purification tank and the first floor public electricity shall be paid separately."

The Defendants received delivery of the leased portion of the instant case and operated a car page in the name of “G” at that place.

B. On May 29, 2017, the Plaintiff entered into a sales contract with F and Nonparty H, an existing owner of the instant building, to purchase the said building. On June 28, 2016, the Plaintiff completed the registration of ownership transfer and received the delivery of the said building.

C. Since July 2017, the Defendants did not pay the Plaintiff the rent under the instant lease agreement, and accordingly, the Plaintiff sent to the Defendants on December 8, 2017 a certificate of content purporting to seek rent payment from July 2017 to November 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Determination on the main claim

A. As seen earlier, the Defendants entered into the instant lease agreement with F, the owner of the building of this case, and thereafter the Plaintiff acquired the said building. Therefore, the Plaintiff is deemed to have succeeded to the status of the lessor under the said lease agreement pursuant to the Commercial Building Lease Protection Act, and the Defendants are obligated to pay the Plaintiff the rent under the said lease agreement.