The judgment of the first instance court is modified as follows. A.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 10,000,000 from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 11, 2014, D Co., Ltd. acquiring real estate of D Co., Ltd. (hereinafter “D”) completed each registration of the transfer of ownership with respect to the above land and buildings listed in the attached Table 1 (hereinafter “instant building”) and the above ground, on the following day, D Co., Ltd. acquiring real estate of D Co., Ltd. (hereinafter “D”) completed each registration of the transfer of ownership with respect to the above land and buildings, and completed each registration of the establishment of neighboring mortgage with D’s representative director E.

B. On September 12, 2014, the Defendant entered into a lease agreement with D with the Defendant, setting the deposit amount of KRW 20 million as to the whole fifth floor of the instant building, from September 23, 2014 to November 23, 2015 (hereinafter “instant lease agreement”) as 14 months (hereinafter “instant first lease agreement”).

(2) On September 23, 2014, the Defendant entered into a lease agreement with D, setting the deposit amount of KRW 10 million for part of the first floor of the instant building and the lease period of KRW 10 million for 14 months from September 23, 2014.

(hereinafter “instant second lease contract”) C.

The Defendant’s move-in report, fixed date, and business registration 1) After the instant lease contract, on November 14, 2014, which was the road name address of the instant building, the Defendant filed a move-in report with Q Q on December 4, 2014. On December 4, 2014, the Defendant obtained the fixed date in the first lease contract, and the Defendant obtained the fixed date on October 23, 2014. In addition, on October 24, 2014, the Defendant obtained the fixed date in the second lease contract of this case. On October 24, 2014, the Defendant registered the business by using the trade name “G” and the location of the place of business as Q Q on the road name address of the instant building.

On the other hand, the FF Association applied for a voluntary auction on the instant land and building and received a voluntary auction decision on November 21, 2014. (2) On December 4, 2014, the Defendant secured the instant land and building between D’s representative director E R and D’s representative E.