1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked, and the revocation part is applicable.

1. Basic facts

A. On March 12, 2008, C, the husband of the Plaintiff, entered into a lease agreement with the Defendant, setting a deposit of KRW 15 million, and KRW 1.5 million per month per each of the above three units of the D-ground buildings owned by the Defendant, located in Busan-gun, Busan-gun, and used the instant building as a restaurant with the delivery of the instant building after paying the full deposit to the Defendant by May 30, 2008.

B. On February 12, 2010, the Plaintiff and the Defendant extended the term of lease by changing the name of the lessee of the above lease to the Plaintiff. From May 2014, the lease was renewed again by increasing the rent to KRW 1.9 million per month.

C. Since June 2015, the Defendant: (a) removed the instant building and decided to construct the instant building on the said place; and (b) around June 28, 2015, the Plaintiff handed over the instant building to the Defendant.

The Defendant, upon delivery of the instant building, decided to remove two of the instant building first and build a new building. The Plaintiff’s house located in the building to be demolished, moved to the rest of one unit.

On November 16, 2015, the Defendant sent to the Plaintiff the content-certified mail demanding the conclusion of the lease agreement with the lease deposit of KRW 30 million, monthly rent of KRW 3 million.

E. On February 5, 2016, E, the Defendant’s son, obtained approval for the use of the building area of 220 square meters, general steel structure of 370 square meters in total floor area, and light steel framed No. 1 neighborhood living facilities from the head of the Gun having jurisdiction over the building.

F. On May 2, 2016, E entered into a lease agreement with H by setting the lease deposit of KRW 60 million for the said new building as KRW 60 million, monthly rent of KRW 3.5 million. On May 4, 2016 following the conclusion of the lease agreement, the Defendant moved the Plaintiff’s house in his custody to J, a goods custodian located in Busan Shipping Daegu.