The defendant (Counterclaim plaintiff)'s counterclaims filed in the appeal and the trial are all dismissed.

1. Basic facts

A. The plaintiff is C's friendship, and the defendant is C's spouse.

B. On October 13, 2011, the Plaintiff acquired ownership of real estate listed in the separate sheet (hereinafter “instant apartment”).

On June 20, 2012, the previous lessee had been living in the apartment house of this case, and the defendant and C have been living in from June 22, 2012 to June 22, 2012.

C. From July 20, 2012 to September 21, 2015, the Defendant paid KRW 450,000 to the Plaintiff via its own account or C’s account, not later than the 20th day of each month.

The Plaintiff delayed the payment of KRW 450,00 that the Defendant paid every month after September 21, 2015. On November 5, 2015, the Plaintiff sent to the Defendant a content-certified mail to the effect that “The apartment of this case is ordered until December 31, 2015,” and reached the Defendant on November 6, 2015, and thereafter returned to the Defendant on January 27, 2016 and February 23, 2017, by sending a content-certified mail demanding the surrender of the apartment of this case to the Defendant on January 8, 2017 and February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the claim for delivery of the apartment of this case among the principal claim, since the lease contract between the plaintiff and the defendant was terminated by the plaintiff's notification of termination, the defendant is obligated to deliver the apartment of this case to the plaintiff, barring any special circumstances. 2) The defendant paid the lease deposit amount of KRW 85 million to be returned to the plaintiff at the time of moving into the apartment of this case on behalf of the former lessee at the time of moving into the apartment of this case, in lieu of the payment of the lease deposit to the plaintiff. Since the lease of this case was terminated, the defendant returned the above lease deposit amount of KRW 85 million from the plaintiff to the plaintiff at the same time.