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

A. 20,000,000 won and its related thereto from November 21, 2015 to September 2016

1. Basic facts

A. The Defendant is the owner of D (hereinafter “D”) who is a 5-story building in Bupyeong-gu, Seoul Special Metropolitan City.

B. On June 26, 2013, the Plaintiff entered into a contract on the transfer of the right to a store with KRW 40,000,000 for the restaurant operated in the attached Form No. D 1 floor (hereinafter “instant commercial building”) between E and E, and paid the said premium to E.

C. On July 4, 2013, the Plaintiff entered into a lease agreement with the Defendant on the instant commercial building with a deposit of KRW 30,00,000, monthly rent of KRW 2,200,000, and the lease term of KRW 15,70,000 for the instant commercial building (hereinafter “instant lease agreement”), and leased the instant commercial building from the Defendant. The Defendant entered into an agreement with the Defendant on the instant lease agreement that the same type of business in D does not lease (hereinafter “instant special agreement”).

On July 16, 2013, the Plaintiff commenced a door-line business with the trade name “F” in the instant shopping mall, but closes down the door-line business on October 23, 2015 due to its business depression, and thereafter occupies the instant shopping mall without using it until now.

E. On November 2, 2015, the Plaintiff filed an application for the registration of the right to lease of a commercial building in the instant commercial building with the Busan District Court Branch Decision 2015Kadan10008, and completed the registration of the right to lease of a commercial building (hereinafter “instant right to lease registration”) with the Incheon District Court Branch Decision 153608, Nov. 6, 2015, which was received on November 6, 2015, after receiving an order to register the right to lease of a commercial building from the said court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 7, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) Since the Defendant violated the instant special agreement by leasing part of D as G’s mutual title, the Plaintiff rescinded the instant lease agreement with the delivery of a duplicate of the main office of this case. Accordingly, the Defendant violated the instant special agreement.