1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 18,500,000,000 against the Defendant (Counterclaim Plaintiff).

1. On March 2013, the Plaintiff entered into a contract with the Defendant to lease the instant building owned by the Plaintiff with the term of KRW 5 million, the term of lease from March 21, 2013 to March 20, 2015 (hereinafter “instant lease contract”).

Afterward, the Defendant operated the beauty art room with the trade name "Cuntile" in the instant building on September 30, 2014, and removed from the above beauty art room with most articles excluding some houses such as chairs, etc. and did not operate the above beauty art room. On April 17, 2015, the Defendant reported the closure of business as to the above beauty art room.

After the Defendant moved out, the Plaintiff replaced the locking device installed at the entrance of the instant building.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings]

2. Determination on the claim of this case

A. The Plaintiff seeking the delivery of the instant building on the premise that the Defendant occupied the instant building.

However, as seen earlier, in light of the fact that the Defendant did not carry on business after leaving the instant building with most articles, other than the body of the chair, etc. around September 30, 2014, and the Plaintiff was also replaced with a locking device installed at the entrance of the instant building after the Defendant’s eviction, each image of the evidence Nos. 2 and 4 (including the number number) cannot be recognized as the Defendant currently occupies the instant building, and there is no other evidence to acknowledge the Defendant’s occupation, and thus, the Plaintiff’s request for the delivery of the instant building cannot be accepted.

B. The Plaintiff asserts that, inasmuch as the Defendant still occupies the instant building even after August 1, 2015, it should return the amount of unjust enrichment equivalent to the rent that occurred thereafter.

However, as seen earlier.