1. The Defendant (Counterclaim Plaintiff)

A. Jointly delivering the building indicated in the separate sheet to the Plaintiff (Counterclaim Defendant) and B.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 10, 2015, the Plaintiff, the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) leased the instant real estate to the Defendants as of July 10, 2015, with the lease deposit of KRW 50,000,000, monthly rent of KRW 5,000 (the ten day payment per month thereafter), and the lease period of between July 10, 2015 and August 9, 2020.

(hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff provided that the Defendants may immediately terminate the contract in the event that the Defendants were in arrears to pay the rent for the period of three years.

B. Upon entering into the instant lease agreement, the Plaintiff sold all of the sports equipment, air conditioners, etc. in the instant real estate to the Defendants in KRW 20,000,000, but thereafter reduced the sales price to KRW 8,000,000.

(hereinafter “instant facility sales contract”). C.

Until March 9, 2017, the Defendants paid KRW 15,500,000 for rent under the instant lease agreement and KRW 3,000,000 for sales under the instant facility sales agreement. On April 3, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement and served the said declaration of intention on the Defendants around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts found in the above part of the claim for the delivery of real estate and the claim for the return of rent or unjust enrichment, the Defendants delayed the payment of rent of KRW 15,500,000 to the Plaintiff by April 3, 2017, exceeding KRW 15,500,000, and the Plaintiff notified the termination of the contract as stipulated in the instant lease agreement. As such, the instant lease agreement was lawfully terminated.

Therefore, unless there are special circumstances, the Defendants jointly share the obligation to deliver the real estate of the joint lessee is an indivisible obligation.

Supreme Court Decision 98Da22765 delivered on August 21, 1998