1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The Defendant (Counterclaim Plaintiff) filed in this Court against the Plaintiff.

Any counterclaim that makes a judgment on a counterclaim shall not significantly delay the litigation procedures, and may be instituted in any case involving the methods of a claim or defense of the principal lawsuit.

(Article 269(1) of the Civil Procedure Act. In addition, a counterclaim at an appellate trial may be instituted in cases where there is no possibility of undermining the interests of the other party in the instance of the other party pursuant to Article 412(1) of the Civil Procedure Act, or where the consent

Here, “cases where there is no possibility of undermining the other party’s interest in the other party’s instance” refers to cases where a substantial issue constituting the basis of a counterclaim is sufficiently examined in the first instance court in relation to the cause of the principal claim or method of defense, and there is no concern that the other party may lose the other party’s interest

(See Supreme Court Decision 201Da77351 Decided December 8, 2011, and Supreme Court Decision 2012Da106850 Decided March 28, 2013, etc.). Although the first instance court did not have sufficiently deliberated on the existence of a waste, the Defendant filed a counterclaim claiming that the Plaintiff suffered damage by leaving the waste left on the upper floor of the leased object at the time of the closing of argument in the appellate court.

Therefore, the defendant's counterclaim is unlawful since it is likely to cause a substantial delay in litigation procedures or harm the interests of the other party.

If there is no dispute over the claim of this lawsuit, and the purport of the whole argument is added to the statement in Gap evidence Nos. 2, 5, and 8, the plaintiff's representative C and the defendant's representative D with respect to about about about about 170 square meters among the Daejeon E, and about 170 square meters among the land of Daejeon, and about 60 square meters on the ground of its ground, the lease term shall be from December 31, 2006 to December 30, 2008; the lease deposit shall be determined as KRW 1.2 million; the monthly rent shall be paid KRW 1.2 million; the lease contract shall be concluded between Eul and the defendant; and the owner of about about about about about 165 square meters in Daejeon-gu, Daejeon-gu, Daejeon-gu, and 165 square meters shall be changed from D to the defendant.