1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:

The Plaintiff filed a lawsuit against the Defendant for the payment of rent of KRW 400,000 per month from December 1, 2009 to August 31, 201 and the amount of rent of KRW 400,000 per month from September 1, 2010 to the completion date of delivery of the instant building on the ground that the lease contract on the instant building was terminated and terminated on January 31, 201 (hereinafter collectively referred to as the “amount of claim”).

On the other hand, the defendant filed a counterclaim against the plaintiff for the payment of damages amounting to KRW 200 million and the damages for delay on the ground that the high-priced forest, etc. owned by the defendant was damaged due to water leakage occurring in the building of this case during the term of lease.

B. On December 23, 2011, the court of the first instance rendered a judgment dismissing the Defendant’s counterclaim on the ground that “the Defendant shall receive the remainder after deducting the principal claim from the Plaintiff, and deliver the instant building from the amount of KRW 100 million, and shall pay the remainder after deducting the deposit of KRW 100 million from the amount of the principal claim,” and that “the Defendant shall partly accept the Plaintiff’s claim for the principal claim, and that the Plaintiff’s liability for damages against the Defendant is not recognized.”

C. Accordingly, on May 31, 2012, the Defendant appealed to the entire part against the Defendant, among the parts regarding the principal lawsuit and counterclaim in the judgment of the first instance, and this court, which is the legal ground of the appeal, rendered a decision to dismiss all the Defendant’s appeal (the judgment on review).

Accordingly, the Defendant re-appealed and appealed [Supreme Court Decision 2012Da52311, 2012Da52328, Counterclaim], and the Defendant’s appeal was dismissed by a judgment of non-exclusive trial on September 13, 2012, and the original judgment is authentic.