1. The Defendant (Counterclaim Plaintiff) received KRW 52,251,087 from the Plaintiff (Counterclaim Defendant) and simultaneously reflects the Plaintiff.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 3, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit amount of KRW 100 million, monthly rent of KRW 500,000,000, monthly rent of KRW 1000,000, monthly rent of KRW 1000,000, and the rental period of the lease by December 31, 2014.

B. Around that time, the Defendant did not pay monthly rent from May 2014 while operating the fishing place in this case after receiving the delivery of the above lease deposit.

C. The Defendant, around January 16, 2015, did not run the instant fishing place and operate a fishing place any longer. However, the Plaintiff occupied the instant fishing place without delivering the deposit to the Plaintiff on the ground that the deposit for lease is not returned.

On November 25, 2014, a copy of the complaint of this case containing the Plaintiff’s declaration of termination of the instant lease agreement, on the grounds that the Defendant was in arrears, reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 and Eul 2, and the purport of the whole pleadings

2. Determination on the main claim

A. As of November 10, 2014, the Plaintiff asserted that, as of November 10, 2014, the Defendant terminated the instant lease by serving a copy of the instant complaint on the grounds of delinquency in payment of monthly rent of KRW 33,024,00, the Defendant is obligated to deliver the instant fishing place to the Plaintiff, and to pay monthly tax calculated at the rate of KRW 33,024,000,000, which was overdue until November 10, 2014, and from November 11, 2014 to the delivery of the instant fishing place.

B. (1) According to the fact that the portion of the claim for delivery of the instant fishing place was recognized, the instant lease was terminated as of November 25, 2014, and even if not, the period has expired on December 31, 2014, and thus, the Defendant is obliged to deliver the instant fishing place to the Plaintiff, barring any special circumstance.

For this reason,