1. The Defendant (Counterclaim Defendant) received KRW 15,679,819 from the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 19, 2014, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 10,000,000 for the instant building; KRW 1,000,000 for each month of rent; and the period of March 20, 2015 (hereinafter “instant lease agreement”); and around that time, the Plaintiff handed over the instant building to the Defendant.

B. Meanwhile, by November 2014, the Defendant paid the Plaintiff a sum of KRW 2,00,000 as the rent, and continued to delay the payment of rent. The Plaintiff expressed to the Defendant the intent to terminate the instant lease contract by mail certified as of November 19, 2014, and the content-certified mail reached the Defendant around that time.

C. The Defendant is operating a restaurant with the trade name “C” in the instant building until the date of closing the argument in the instant case.

[Ground of Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the above facts finding as to the cause of the claim, since the instant lease contract was lawfully terminated, the Defendant is obligated to deliver the instant building to the Plaintiff, barring special circumstances, and to pay the amount equivalent to KRW 1,00,000 per month from May 19, 2014 to the completion date of delivery of the instant building from May 19, 2014 to the date of delivery of the instant building.

B. The defendant, as to the defense, has increased the objective value of the building of this case by paying a total of KRW 101,00,000,000 for the construction cost of the building of this case and completing the renovation and repair work. Thus, the defendant has the right to attract the building of this case until receiving KRW 101,00,000 from the plaintiff as beneficial cost.

If the right of retention is exercised based on the right to claim reimbursement for beneficial costs, the duty to deliver the building and the duty to reimburse beneficial costs are concurrently performed. As examined below, the defendant will pay the construction price in the building of this case.