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

2.(a)

upon a counterclaim filed by this court.

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. On May 20, 2014, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 20 million for the real estate listed in the separate sheet (hereinafter “instant building”), KRW 1.2 million for the rent month, and the lease period by June 20, 2017 (hereinafter “instant lease contract”).

B. On June 30, 2016, the Defendant entered into a contract with C to sublease the instant building at KRW 20 million, KRW 1.2 million per month, the rental period, and KRW 1.2 million from May 31, 2016 to May 30, 2018.

C. On April 28, 2017, the Plaintiff notified the Defendant that the instant building should be transferred to C without the Plaintiff’s consent if the term of lease stipulated in the instant lease agreement expires. D.

C operated a restaurant at the instant building on February 2018, while leaving the instant building around the end of February, 2018, and the Plaintiff leased the instant building to another lessee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. According to the facts of the judgment on the claim of the principal lawsuit, since the instant lease contract has expired on June 20, 2017, the Defendant is obligated to deliver the instant building to the Plaintiff. Moreover, since the Defendant occupied and used the instant building from February 28, 2018 even after the instant lease contract was terminated to February 2018, it is obligated to return unjust enrichment calculated by the ratio of KRW 120,000 per month from September 1, 2017 to February 28, 2018, the delivery date of the instant building.

As to this, the defendant, at his own expense, agreed with the plaintiff to build a new building as a brick building and maintain a rental contract for ten years, and obtained consent from the plaintiff's wife to sublet the building of this case to C.