1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant), from the Plaintiff (Counterclaim Defendant), 8,614.

1. Facts of recognition;

A. On October 24, 2007, the Plaintiffs entered into a lease agreement with the Defendant on setting the amount of KRW 10 million from November 5, 2007 to November 4, 2008 as the Defendant’s store of 38.71 square meters on the ground level (hereinafter “instant commercial building”) in the attached list owned by the Plaintiffs (hereinafter “instant building”), among the buildings indicated in the attached list owned by the Plaintiffs (hereinafter “instant building”), to lease KRW 10 million from November 5, 2007 to KRW 60,000 per month of management expenses.

B. The Plaintiffs and the Defendant renewed the instant commercial building lease agreement under the same conditions for three years. On November 4, 2010, the lease term from November 5, 2010 to November 4, 2012, the monthly rent is KRW 80,000 (excluding value-added tax) and the management fee is KRW 100,000 (excluding value-added tax).

C. After that, the Plaintiffs and the Defendant concluded a lease contract with the Defendant stating that “The Plaintiff shall lease the instant commercial building from November 5, 2012 to November 4, 2015, the monthly rent of KRW 800,000 (excluding value-added tax) and the management fee of KRW 100,000 (excluding value-added tax)” (hereinafter “instant lease contract”).

On August 10, 2015, the Plaintiffs expressed their intent to refuse to renew the instant lease agreement to the Defendant.

E. On March 7, 2016, the Plaintiffs completed the delivery execution of the instant commercial building upon the declaration of provisional execution by the judgment of the first instance court of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 5, the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above findings of the determination on the cause of the claim, the instant lease contract was terminated on November 4, 2015, and thus, the Defendant is obligated to deliver the instant commercial building to the Plaintiff.

B. The defendant's assertion of the one party to the simultaneous performance defense and judgment shall be at the same time receiving a deposit of KRW 10 million from the plaintiff.