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

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.

1. Basic facts

A. On April 16, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), with a deposit of KRW 30 million, monthly rent of KRW 1.6 million, and the contract term of two years (from April 16, 2013 to April 15, 2015) with respect to the instant real estate, and operated a car page (hereinafter “D”).

B. The Defendant did not pay the rent from June 16, 2014. On February 22, 2016, the Plaintiff sent to the Defendant a certificate of content that contains an expression of intent to terminate the instant lease agreement on the grounds of the delinquency in rent, and served the Defendant with the content certification on the 23th of the same month.

C. On April 15, 2016, the Defendant closed the instant car page.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 24, Eul evidence No. 43, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the determination as to the claim for delivery of the instant real estate, the instant lease agreement was renewed on April 15, 2015 under the same conditions as the previous contract pursuant to Article 10(4) of the Commercial Building Lease Protection Act (hereinafter “Act”), and the Defendant was in arrears for more than three years, and thus, the instant lease agreement was lawfully terminated on February 23, 2016, on which the Plaintiff’s declaration of termination was served pursuant to Article 10-8 of the Act.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

On November 22, 2016, after the filing of the instant appeal, the Defendant: (a) on November 22, 2016, removed various parcels of houses from the instant real estate and delivered the instant real estate to the Plaintiff; (b) there is no dispute between the parties; (c) however, the Defendant filed an appeal against the judgment of the first instance court ordering the delivery of the instant building;