The plaintiff (Counterclaim defendant)'s main claim against the defendant (Counterclaim plaintiff) and the plaintiff (Counterclaim defendant) of the defendant (Counterclaim plaintiff).

1. Basic facts

A. On August 8, 2014, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a lease agreement with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on the lease of 5.04 square meters in the ship (hereinafter “instant real estate”) that connects each point of the attached Form 1, 2, 3, 4, and 1, which are the exclusive ownership of real estate listed in the attached Table, to the Defendant (hereinafter “Defendant”).

On July 24, 2017, the Plaintiff and the Defendant concluded a lease contract with the lease deposit of KRW 7,000,000, monthly rent of KRW 500,000, and the lease contract with the lease term of KRW 1 year changed and extended.

B. The Defendant, based on the walls inside the instant real estate, has installed a interior, such as lighting facilities in the form of “a” and baltoning used for the display of clothes, in the middle height, and operated the clothing sales store.

(c)

On June 17, 2019, the Plaintiff notified the Defendant of his intention not to renew the contract after August 8, 2019 when five years have elapsed since the date of entering into the first lease agreement on the instant real estate.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 3 evidence (including evidence with a number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The principal lawsuit and counterclaim shall be judged together;

A. The Plaintiff’s assertion 1) The Defendant still occupies and uses the instant real estate even after the termination of the lease agreement, and thus, the Plaintiff is obligated to order the instant real estate and pay 500,000 won for monthly rent from August 9, 2019 to the completion date of the said order.

2) The Defendant: (a) left the instant real estate on August 7, 2020, the day before August 8, 2020, which was before the day when the summer holidays of the commercial building to which the instant real estate belongs, and ordered the removal from the instant real estate; (b) there was no reason to request the above surrender; and (c) as such, the Defendant did not occupy and use the instant real estate after the said surrender thereafter, it was caused by the occupancy and use.