1. The counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff:

A. 14,050,000 won from the Plaintiff (Counterclaim Defendant).

1. Facts of recognition;

A. On June 17, 2013, the Defendant concluded a lease agreement with Nonparty C with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

The lessee: C deposit 50 million won / The lease period of 1.2 million won per month (the late payment on June 17, 201): From June 17, 2013 to June 17, 2015

B. On December 28, 2017, the Plaintiff acquired the instant real estate from C.

C. On September 6, 2018, the Plaintiff returned 5 million won out of the deposit to the Defendant, and the Defendant promised to increase the rent to KRW 1.23 million per month.

On May 20, 2019, the Plaintiff returned additional KRW 4.5 million to the Defendant, and the Defendant promised to deliver the instant real estate to the Plaintiff on September 5, 2019.

E. On July 1, 2019, the Plaintiff additionally returned KRW 10 million out of the deposit to the Defendant.

F. By December 17, 2018, the Defendant did not pay the rent of KRW 4.60,000 until December 17, 2018, and thereafter, did not pay the rent in entirety.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-5, the purport of the whole pleadings

2. Determination on the main claim

A. As of September 5, 2019, the date of promise, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

B. As to this, the Defendant, even after September 5, 2019, understood that the Plaintiff was able to reside in the instant real estate, and thus, the Defendant asserted that the promise to deliver the instant real estate on September 5, 2019 was null and void, but there is no evidence to acknowledge the allegation.

In addition, the defendant understood that the plaintiff did not pay rent.

Although there is no evidence to prove that there was such understanding, the deposit should be additionally returned when the Plaintiff did not receive real estate as alleged by the Defendant.