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

2. Following the counterclaim filed by this court.

1. Facts of recognition;

A. The Plaintiff, a company established for the purpose of real estate development, lease, etc., performed the business of building, leasing, and selling BJ apartment units with 32 Dong and 600 households in Yongsan-gu Seoul Metropolitan Government BI.

B. On March 30, 2009, the Plaintiff entered into a lease agreement with the Defendant on the term of lease for the instant apartment as “five years from the date of commencement of the occupancy designation period”, and thereafter, the Defendant entered into a modified contract with the Plaintiff on the condition that the lease deposit is increased to KRW 2,271,50,000 (hereinafter referred to as “instant lease agreement”).

The starting date of the designation of the occupancy of the apartment in this case is January 31, 201.

C. Under the instant lease agreement, the Defendant paid KRW 2,271,500,000 (hereinafter “the instant lease deposit”) to the Plaintiff, and around that time, occupied and used the instant apartment after being transferred from the Plaintiff.

In the instant lease agreement, the special agreement is stipulated as follows in relation to the conversion for sale in lots.

(hereinafter “instant clause for conversion for sale in lots”). Article 2 of the lease agreement of this case [Special Agreement] 1. At the expiration of two years and six months from the expiry date of the initial period for designation of occupancy designated by the Plaintiff after completion, the conversion for sale in lots at the time of conversion for sale in lots shall be the arithmetic mean of the appraised values of the Plaintiff and the appraisal corporation selected by the Defendant

(2) The conversion price for sale in lots after completion at the expiration of five years from the expiration date of the first designation period for occupancy designated by the Plaintiff shall be the arithmetic mean of the appraised values of the Plaintiff and the appraisal corporations selected by the Defendant

(3) In calculating the conversion price for sale in lots, an appraisal corporation selected respectively by the plaintiff and the defendant shall be selected from among the appraisal corporations within the 10th level of sales in the year

Article 3 (Conversion for Sale in Lots of Rental Housing)