1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The main office;

1. Facts of recognition;

A. On July 2, 2015, the Plaintiff entered into a lease agreement with the Defendant on the instant commercial building owned by the Plaintiff, setting the lease deposit of KRW 40,000,000, monthly rent of KRW 1,800,00 (excluding KRW 10% prior to July 2, 2015), from July 2, 2015 to July 1, 2016, and the Defendant remitted KRW 40,000 to the Plaintiff on July 6, 2015, and thereafter operated a restaurant in the instant commercial building from around that time.

B. On June 10, 2016, the Plaintiff filed a lawsuit demanding the Defendant to deliver the instant commercial building and pay unpaid monthly rent, as the Plaintiff did not pay monthly rent from March 2, 2016.

Accordingly, on June 24, 2016, the defendant filed a counterclaim to request the return of 32,080,000 won of the remaining deposit except for the unpaid rent of 4 months after the termination of the lease contract.

C. The Plaintiff refused to return KRW 40,000,000, which the Defendant remitted to the Plaintiff on July 6, 2015, while the Plaintiff was not a deposit.

Accordingly, on June 29, 2016, the Defendant applied for the order of registration of the instant commercial buildings on the purport that the deposit was not returned.

Around the expiration of the lease term, the Defendant left the director in the instant commercial building and left the keys of the instant commercial entrance to the neighboring commercial building occupant, and the Plaintiff recovered the keys of the entrance on August 3, 2016.

E. On August 11, 2016, the Plaintiff remitted KRW 40,000,00 to the Defendant’s account, and the Defendant submitted a written withdrawal of the counterclaim on August 16, 2016.

On August 19, 2016, the Plaintiff submitted a written consent to the withdrawal of the counterclaim.

F. On September 6, 2016, the Defendant applied for the withdrawal or cancellation of the order of lease registration on the instant commercial building on the ground that the Plaintiff agreed with the Plaintiff on September 6, 2016, and only the remaining deposit amount calculated by deducting KRW 8,040,000, including the Plaintiff’s unpaid amount of KRW 7,920,000 and the unpaid water rate of KRW 120,000,000.