1. The judgment of the first instance is as follows, including the Defendant-Counterclaim Claim filed in the trial.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 12, 2014, the Plaintiff’s agent E concluded a lease agreement with the Defendant stating that the instant building shall be leased KRW 5,000,000, KRW 470,00 per month of rent (excluding value-added tax, prepaid), and the lease period from August 15, 2014 to August 14, 2015, but may be leased without the lessor’s consent, and may be immediately terminated if it is not possible to sublet it without the lessor’s consent, and if it is not paid for two or more years of rent, it may be immediately terminated (hereinafter “instant lease agreement”).

B. On March 2015, the Defendant requested E to agree to transfer the right of lease to F Co., Ltd. (hereinafter “F”) of various units of houses, including the instant building, while the Defendant leased several units of G as indicated in the attached list, and then sublet it.

(However, it is difficult to recognize that E has consented to it as follows).

From August 15, 2016, the amount equivalent to the rent of the instant building was not paid. From January 16, 2017, the Plaintiff sent a certificate to the Defendant that the Plaintiff paid the unpaid rent and the maintenance fee and the delivery of the instant building by January 25, 2017, as the instant lease agreement and the grounds for termination under Article 640 of the Civil Act occurred to the Defendant’s vehicle with the Defendant’s vehicle rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s lease agreement of this case is based on the Defendant’s two or more years of delay in rent.

Since the Plaintiff’s declaration of termination as indicated in the claim is terminated by the Plaintiff’s declaration of termination or termination by the delivery of a duplicate of the complaint of this case, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent or rent from August 15, 2016 to the completion date of delivery of the instant building.

B. Defendant on March 2015