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

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Attached 1.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Attached Form

1. On May 17, 2015, the Defendant, the owner of the building indicated in the list, shall attach one floor to C on May 17, 2015.

2. 도면 표시 1, 2, 3, 4, 1의 각 점을 순차로 연결한 선내 ㈎부분 근린생활시설 44.62㎡(이하 ‘이 사건 점포’라 한다)를 임대차기간 2015. 5. 17.부터 2017. 5. 17.까지, 임대차보증금 10,000,000원, 월차임 600,000원으로 정하여 임대하였다

(C) at all times, the C operated a unique point in the name of "D". (B)

C은 위와 같이 이 사건 점포에서 영업을 하면서 같은 도면 표시 5, 6, 7, 8, 5의 각 점을 순차로 연결한 선내 ㈏부분 창고 5.2㎡(이하 ‘이 사건 창고’라 한다)를 임의로 축조하였고(이를 숯불 피우는 장소로 사용하였다), 위 도면 표시 ㈀, ㈁부분에 에어컨 팬 2대, 같은 도면 표시 ㈂, ㈃부분에 가스통 2개도 각 설치하여 사용하였다

(hereinafter referred to as “instant pande and gas pande”

On April 28, 2017, the Plaintiff and C entered into a contract (hereinafter “instant agreement”) with C to acquire all of the instant stores’ facilities and house fixtures (including the instant warehouse and the instant installations) from C in the premium of KRW 15,000,000 (hereinafter “instant agreement”).

(C) A contract deposit of KRW 1,500,000 is paid by the Plaintiff on the same day, but the remainder premium of KRW 13,500,000 was not paid, and thereafter, the Plaintiff filed a lawsuit against the Plaintiff seeking the payment, and the judgment was finally affirmed).

After the instant agreement, on May 18, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 600,000, and the lease term of KRW 18,000, from May 18, 2017 to May 18, 2019.

Prior to the conclusion of the instant lease agreement, it occurred at the facilities established by C.