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

(a)one floor of the panel, structure, and roof on the ground D in Ethcheon-si;

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On June 14, 2018, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building owned by the Plaintiff, setting the lease deposit amount of KRW 5 million per month, KRW 700,000 per month (payment on July 1, 2018), from July 1, 2018 to June 30, 2020 (hereinafter “instant lease agreement”).

The lease contract of this case includes the contents that the use of the building is written as warehouse facilities, and that "a lease on the present facility is made under a special agreement."

B. Although the Defendant received and used the instant building from delivery, it did not pay the Plaintiff rent from November 1, 2018 to now, and on May 3, 2019, the Plaintiff expressed to the Defendant that the instant lease contract is terminated on the ground that the instant lease contract is terminated for more than three years of rent.

[Evidence Evidence: Descriptions of Evidence Nos. 1 and 2 and the purport of the whole pleadings]

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on May 3, 2019 due to the Defendant’s delay of rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff. Furthermore, the Plaintiff is obligated to deliver the instant building to the Plaintiff. Furthermore, the Plaintiff is obliged to pay the amount of money at the rate of KRW 60 million calculated by deducting five million from the lease deposit, the sum of the rent in arrears, from November 1, 2018 to May 30, 2019, the sum of the rent in arrears, from KRW 5.6 million, the rent in arrears, and the rent in arrears, from June 1, 2019 to the date the delivery of the instant building is completed.

According to the above facts, the instant lease agreement was terminated on May 3, 2019 and terminated, and the Defendant occupied the instant building without paying to the Plaintiff the monthly rent of KRW 700,000 per annum under the instant lease agreement from November 1, 2018 to November 1, 2018.