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

(a) deliver each real estate listed in the separate sheet;

(b) on January 2, 2015;

1. Facts of recognition;

A. Each real estate listed in the separate sheet Nos. 1 and 2 is owned by the Plaintiff, and real estate listed in the separate sheet No. 3 is a state-owned land, for which the Plaintiff obtained permission from the competent administrative agency.

B. Around March 15, 1999, the Defendant leased each real estate (hereinafter “instant real estate”) as indicated in the separate sheet from the Plaintiff and had it transferred, and at the same time, “C” had been renewed several times while running a traditional restaurant business. In other words, around June 1, 201, the Defendant concluded a lease agreement with the Plaintiff and the instant real estate amounting to KRW 25 million (payment on June 30, 201), and the period from June 1, 201 to May 30, 201 (hereinafter “instant lease agreement”), and paid the said lease deposit to the Plaintiff around that time.

C. Since May 30, 2013, the expiration date of the instant lease agreement, the implied renewal was made on or around May 30, 2013, and the Plaintiff, from September 2013 (from September 1, 2013 to September 30, 2013) the Plaintiff, starting with delay in payment as to the rent from September 2013, and reached six months (from September 28, 2013 to February 2014). On March 19, 2014, the Plaintiff sent to the Defendant a certificate that the instant lease was terminated on the ground that the rent was terminated on or around two or more occasions of arrears, and the said certificate reached the Plaintiff on the 20th of the same month.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3-6, Eul evidence 1, the purport of whole pleadings]

2. Determination

A. According to the above facts as to the principal lawsuit, the instant lease agreement was lawfully terminated in accordance with Article 640 of the Civil Act, around March 20, 2014, on the ground that the amount in arrears falls under the second period, and on March 20, 2014, on which proof of the above content was served, and thus, the Defendant transferred the instant real estate to the Plaintiff, and the rent or rent for September 2013 or March 2014 is reasonable.