1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) and the Defendant C deliver the real estate listed in the separate sheet.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 30, 2016, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) through the auction procedure for the voluntary auction of real estate D with Chungcheong District Court Cheongju District Court Cheongju Branch, and completed the registration of ownership transfer concerning the instant real estate under subparagraph 13062, which was received on the same day on the same day as the sale due to voluntary auction.

B. On May 20, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A with respect to the instant real estate, between KRW 60,00,000,000, monthly rent of KRW 6,000,000, and the period from May 20, 2016 to May 19, 2019. The Defendant A paid only KRW 6,00,000, out of the deposit under the said lease agreement, and did not fully pay for nine months until February 2017.

C. The Plaintiff submitted a complaint of Cheongju District Court 2017Kadan20329 to the above court on March 3, 2017, which contained the purport that Defendant A’s termination of the instant lease agreement on the grounds of delinquency in rent, and the said warden was served on Defendant A on March 3, 2017.

On the other hand, after the conclusion of the instant lease agreement, Defendant A operates the Car Center with the name of “E” in the instant real estate by designating Defendant C, who is the spouse, as joint business proprietor from the date of closing the argument of the instant case. Defendant B operates the automobile repair business with the trade name of “F”.

E. As of November 15, 2017, the monthly rent of the instant real estate as of November 15, 2017, is KRW 2,559,185, which is close to the date of closing the argument, and is ratified as the same thereafter.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 7, 9, and 10, and the result of the commission of appraisal to G of this court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The judgment of Defendant C on the main defense of Defendant C’s main defense is only registered as joint business operators for convenience, but not occupied and used the instant real estate. Therefore, the claim against Defendant C for delivery of real estate ought to be dismissed.