1. The counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 18,301,576 from the Plaintiff (Counterclaim Defendant).

Basic Facts

On July 28, 2010, the Plaintiff acquired the ownership of the instant building as indicated in the [Attachment List], and entered into a lease agreement with the Defendant who leased the instant building from the previous owner A at the time.

On September 11, 2013, the Plaintiff and the Defendant entered into a contract with the term of lease as KRW 40 million and with the term of lease from September 13, 2013 to September 11, 2015 to renew the lease contract.

On June 20, 2014, the Plaintiff and the Defendant concluded a lease contract with the content that deposit for the instant building shall be as before, and the term of lease shall be as until September 12, 2015, and the rent shall be increased to KRW 20 million per year, and the lease contract was renewed with the content that the lease contract shall be paid in advance on September 13 every year.

(F) On June 4, 2015, the Plaintiff sent to the Defendant a postal item that refuses to renew the instant lease agreement on the grounds of the removal and new construction of the instant building. This reached the Defendant on June 8, 2015.

On September 12, 2015, the Defendant did not deliver the instant building to the Plaintiff after the term of the instant lease expires.

Since the rent per day of the lease of this case (=20 million ± 365 days) is 54,794 won per day, the unpaid rent amounting to 396 days from September 13, 2015 to October 12, 2016 is 21,698,424 won (=54,794 won x 396 days).

Therefore, when the lease deposit of this case is deducted from the unpaid rent, 18,301,576 won (=40,000,000) remains (21,698,424).

[Ground of recognition] Fact-finding, Gap evidence Nos. 1 through 4 (including the provisional number) and the facts based on the judgment as to the claim of the principal lawsuit as to the purport of the entire pleadings, the lease contract of this case terminated on September 12, 2015. Thus, the defendant is obliged to deliver the building of this case to the plaintiff at the same time with the payment of KRW 18,301,576 in the balance of the lease deposit.

The counterclaim of this case.