The Plaintiff (Counterclaim Defendant) from September 6, 2019 to the Defendant (Counterclaim Plaintiff) with respect to KRW 130 million and KRW 80 million among them.

1. Basic facts

A. On July 25, 2019, Defendant C who represented Defendant B with the Plaintiff’s lease agreement (1) entered into a contract with the Plaintiff on the lease of 746 square meters in Daegu Northern-gu and 589 square meters in total (hereinafter “instant land”).

(hereinafter “instant lease agreement”). The period from January 6, 2020 to January 5, 2025, the lease deposit was set as KRW 80 million, and the rent was set as KRW 320,000 (value-added tax separately) per month.

(2) In the instant lease agreement, the Plaintiff permitted the Defendant to remove the Class II neighborhood living facilities building (a 98 square meters of light framed structure and other roof dunes; hereinafter “the instant existing building”) located on the instant land and to build a new building for the purpose of the third Deputy Director.

In lieu of the registration of the building in the name of the Plaintiff and the exercise of the right thereto, the Plaintiff decided to re-lease the building after the termination of the instant lease agreement.

(3) Under the instant lease agreement, both parties may rescind the contract in the event that the other party fails to perform his/her obligation, and, in such case, agreed in advance to compensate for the same amount as the down payment of the lease deposit (50 million won).

B. The Defendant B paid the lease deposit amount of KRW 50 million on July 25, 2019, and the same year

9.6.3 million won was paid as lease deposit.

C. (1) On September 2019, the Plaintiff accepted a “written consent to land use” that permits F Co., Ltd., a person holding superficies of the instant land to establish “automobile-related facilities” on the instant land.

(2) Defendant C removed the instant existing building from October 15, 2019 to October 17, 2019.

(1) On November 12, 2019, Defendant C delegated a building permit to an architect, and applied for a building permit to set up two-story buildings with a total floor area of 210.4 square meters on the instant land under the Plaintiff’s name.

(2) The Plaintiff filed an application for a building permit under his/her own name on December 6, 2019.