1. The Plaintiff (Counterclaim Defendant) paid KRW 10,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from July 1, 2018 to June 5, 2020.

1. Basic facts

A. On August 9, 2015, the Defendant: (a) leased the instant house from the Plaintiff holding the title of the registration of ownership of the 1/2 share of the instant house by setting the lease deposit of KRW 10 million; (b) monthly rent of KRW 700,000 (after August 22, 2015); and (c) from August 22, 2015 to August 22, 2017; and (d) made a move-in report for resident registration as “resident”, other than “household resident”, at the address of the instant house, on August 18, 2015 after paying the said lease deposit to the Plaintiff.

The Defendant, as a soldier, did not actually reside in the instant house leased as above, and instead, C and D, a parent of the Defendant, resided in the instant house from around that time.

B. On July 2017, the term of the said lease agreement expires, the Plaintiff and the Defendant agreed to extend the said lease agreement. However, without explicit agreement as to the extended term of lease, the Plaintiff and the Defendant stated that “When the said housing is reconstructed due to aging, and the said term of lease is less than one year, the Plaintiff shall bear each director’s expenses if the said term of lease is less than one year, and the Defendant shall bear each director’s expenses if the said term of lease is not less than one year, and entered the said term in

C. The Defendant paid to the Plaintiff the monthly rent under the above lease agreement up to June 2018.

(The date of actual payment is June 27, 2018, and the remitter is the defendant's mother D). [Grounds for recognition] A, Gap evidence 1, 2, and 5, Eul evidence 1 (including the serial number), witness C's testimony, and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted by the parties, on September 17, 2019, filed the instant lawsuit on the grounds that the Defendant did not pay the monthly rent from July 2018, and notified the Defendant of the termination of the contract by phoneing to the Defendant on September 17, 2019. As such, the Defendant attempted to order the Plaintiff to use the instant house, and filed the instant lawsuit from June 23, 2018 to July 2018, the rent of KRW 700,000 per month or compensation for damages equivalent to the rent from June 23, 2018.