1. The part against the Defendant (Counterclaim Plaintiff) among the part regarding the main lawsuit in the judgment of the first instance shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On August 28, 2016, the Plaintiff entered into a lease contract with the Defendant for the lease of the instant building at KRW 30,000,000, monthly rent of KRW 1,000,000, and the lease term of KRW 5 years from September 10, 2016 (hereinafter “the instant lease contract”) (hereinafter “the instant lease contract”) and transferred to the Defendant all of the air conditioners, air conditioners, TVs, coffees, teas, and air conditioners, which were located in the instant building, after receiving KRW 15,00,00,00 at the time of the said contract, separately from the said contract.

B. On September 10, 2016, the Defendant operated a restaurant with the trade name “D” on the first floor after receiving delivery of the instant building, and used the second floor for the purpose of housing.

C. The Defendant did not pay KRW 500,000, which is a part of the rent, around June 2017.

In addition, the defendant did not pay rent after March 2018, and the restaurant business was discontinued on May 31, 2018 when filing a business suspension report.

The copy of the complaint of this case, stating the Plaintiff’s declaration of intent, was served on September 10, 2018 on the ground that “the lease contract of this case is terminated on the grounds of the rent delay of the Defendant.”

E. Around March 11, 2019, the Defendant (around March 11, 2019) went to another place from the instant building. At the time of the instant lease agreement, the Defendant refused to receive the key on the ground that the said house was the said house and the intent to waive the ownership was not confirmed.

In other words, around March 18, 2019, the Defendant sent to the Plaintiff a paper with four keys of the entrance door, stating the number of the second floor door door, in the parcel, but the Plaintiff refused to accept the parcel and returned it as it is.

F. The Defendant was sentenced to imprisonment for the alteration of a private document and the crime of uttering on the instant lease agreement, and was confined to prisons. On August 5, 2019 (the date of appeal of this case), which was subsequent to the pronouncement of the first instance judgment, the Plaintiff.