1. Defendant (Counterclaim Plaintiff) B and Defendant C were to the Plaintiff (Counterclaim Defendant)

(a) Two floors from among the buildings indicated in the attachment real estate;

The main lawsuit of this case and counterclaim of this case were examined together.

1. Basic facts

A. On February 11, 2019, Defendant B prepared a sales contract with the Plaintiff to sell the instant real estate in KRW 500 million to the Plaintiff for partial repayment of the Plaintiff’s representative director D, and completed the registration of ownership transfer with respect to the said real estate on March 8, 2019 to the Plaintiff on the ground of the said sale.

B. After April 25, 2019, D and the Defendants: (a) a notary public of the Ejoint Law Office No. 135 of 2019, as an obligee D, Defendant B, and Defendant C, a joint and several surety, borrowed KRW 222,30,000 from D on April 23, 2019; (b) Defendant B, from April 23, 2019, borrowed KRW 1.5 million on the last day of each month from April 2019 to July 2031; and (c) a notarial deed of a money loan agreement (hereinafter “notarial deed of this case”) stating that the remainder of KRW 1.3 million shall be repaid on August 31, 2031.

C. Defendant C is the father of Defendant B, and as of the closing date of the argument of this case, the Defendants occupy the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's grounds for the main claim are as follows.

On April 25, 2019, the Plaintiff leased the instant building to the Defendants at KRW 1 million per month, and on the condition that the Defendants are obliged to pay installment payments under the instant notarial deed, the period of lease set up by the deadline for the repayment of installment payments under the said notarial deed.

However, since the Defendants were not paid two or more times as the above lease was the difference, the above lease was terminated.

Therefore, the Defendants shall deliver the instant building to the Plaintiff, and jointly and severally pay 12,353,00 won due to the unpaid rent or unjust enrichment equivalent to the rent from April 25, 2019 to May 24, 2020, and delay damages therefrom. The Defendants shall deliver the said building from May 25, 2020 to the delivery of the said building.