1. Defendant (Counterclaim Plaintiff) B and Defendant C Co., Ltd. are from the Plaintiff’s KRW 20,000,000 to the Plaintiff’s KRW 20,000.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 19, 2018, Defendant D and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that the instant building, which is a commercial building owned by Defendant D, was leased KRW 20,000,000, KRW 1,430,000 per month of rent (including value-added tax, and prepaid payment on August 20, 2018) and the period from August 20, 2018 to August 19, 2020.

On March 22, 2019, the Plaintiff succeeded to the lessor status of Defendant B while taking over the ownership of the instant building.

B. At the time of the conclusion of the instant lease agreement, Defendant B paid KRW 20,000,000 to D and occupied the instant building by subleting it to the Defendant Company as its representative and then using it for the purpose of office use.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Determination on the main claim

A. The Defendants did not pay the difference from August 20, 2019, but expressed their intent to refuse to pay the rent to the Plaintiff on or around September 4, 2019, by notifying the Plaintiff of his intention to terminate the lease agreement. Accordingly, the Plaintiff expressed his intention to terminate the lease agreement of this case on the grounds of delinquency in rent for at least three years, etc. through the instant complaint (the submission of November 19, 2019). The fact that the duplicate of the complaint of this case was delivered to the Defendants on December 22, 2019 can be recognized by the record, or by the overall purport of the statements and arguments stated in Gap, 4, and 5.

B. According to these factual relations, the instant lease agreement was lawfully terminated on December 22, 2019, or terminated as an agreement between the Plaintiff and the Defendants, and thus, the Defendants are obliged to deliver and return the instant building to the Plaintiff.

C. As to this, the defendants asserted that the return of the lease deposit and the delivery of the building of this case are simultaneously performed.

Defendant B paid 20,000,000 won as lease deposit to Defendant D.