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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, 5, and 1 among the real estate listed in the attached Form.
Reasons
1. Determination on the main claim
A. (1) On December 16, 2014, the Plaintiff concluded a lease agreement with the Defendant and the instant store by setting the lease deposit of KRW 4 million, monthly rent of KRW 400,000, and the lease term from December 20, 2014 to December 20, 2015.
(2) On April 4, 2016, the Plaintiff concluded a lease agreement between the Defendant and the instant store by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 5 million, and the lease term from May 1, 2016 to April 30, 2017.
(3) On November 2, 2017, the Plaintiff sent to the Defendant a content-certified mail that the lease contract will not be renewed upon the expiration of the lease term on April 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
B. (1) According to the above facts, since the lease contract of this case was terminated upon the expiration of the term, barring any other special circumstance, the defendant is the office C and hereinafter referred to as "the office of this case" as stated in Paragraph (1) of this Article.
(2) The Defendant is obligated to deliver the instant office. (3) The Defendant asserted that the term of lease was fixed on June 14, 2017 to the Plaintiff and the instant office by June 30, 2018, and concluded a new lease contract with the term of lease. However, the circumstance that the Defendant asserted on June 14, 2017, that is, the Defendant paid the Plaintiff the overdue rent for five (5) months with respect to the instant office, is difficult to view that the lease contract between the Plaintiff and the Defendant was newly concluded, and there is no other evidence to prove otherwise.
In addition, the Defendant alleged that the instant lease agreement was not terminated since the Plaintiff demanded renewal of the instant lease agreement to the Plaintiff on February 23, 2018 and March 2018, but the Defendant demanded renewal of the lease agreement to the Plaintiff, contrary to its assertion.