1. The plaintiff (Counterclaim defendant) that was changed in this court and the defendant (Counterclaim plaintiff) that was raised in this court.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

A. On January 30, 2009, the Plaintiff entered into a lease agreement with the Defendant, setting the lease amount of KRW 46,000,000 as the lease deposit, monthly rent of KRW 2,00,000, and the lease period from February 27, 2009 to February 27, 2011.

The Defendant paid 46,00,000 won to the Plaintiff around that time, and operated a religious facility called “C church” with the delivery of the instant real estate on February 27, 2009.

B. On April 17, 2013, the Plaintiff entered into a lease agreement with the Defendant with the terms that the instant real estate was leased at KRW 46,00,00 (replacement with an existing deposit), monthly rent of KRW 1,320,000, and the lease period from February 27, 2013 to February 26, 2015 (hereinafter “instant lease agreement”).

On January 8, 2019, the Plaintiff sent to the Defendant a written notice of termination, demanding the Defendant to deliver the instant real estate by April 30, 2019, on the ground that the instant lease contract is terminated.

E. On March 25, 2020, the Plaintiff completed the delivery execution of the instant real estate as Seoul Eastern District Court E, based on the judgment of the first instance court, which was sentenced to provisional execution.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 7, and argument of the parties to the whole pleadings

A. The Plaintiff’s assertion that the instant lease agreement was terminated on April 30, 2019 by the Plaintiff’s declaration of refusal to renew the lease agreement, or terminated on December 20, 2019 upon termination of the agreement, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

In addition, the lease deposit to be returned to the Defendant by the Plaintiff is KRW 35,945,00,000, which deducts the Defendant’s overdue rent of KRW 1,320,000 from KRW 46,00,000 from the lease deposit of KRW 46,00,00, and KRW 8,735,00 from the restoration cost of the real estate of this case (= KRW 46,00,000 - KRW 1,320,000 - KRW 8,735,00).

B. Defendant’s assertion