1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from the Plaintiff (Counterclaim Defendant) 2,680.

1. Basic facts

A. The Plaintiff leased the instant building from C for the lease deposit of KRW 5 million, monthly rent of KRW 350,000, and the period of December 9, 2012.

(hereinafter “instant lease agreement”). B.

The monthly rent was increased by KRW 400,000 during the term of the instant lease agreement, and even after the expiration of the lease agreement, the Plaintiff paid the increased monthly rent, and C continued to reside in the instant building, and C did not specifically raise any objection thereto.

C. On August 4, 2013, the Plaintiff permitted the Defendant, who is the mother of the Plaintiff, to reside in the instant building on the condition that he would pay the monthly rent of the instant building. The Defendant accepted the said condition and paid KRW 400,000,000 for the monthly rent while living in the instant building upon delivery from the Plaintiff around that time.

(hereinafter referred to as the “instant sub-lease contract”) between the Plaintiff and the Defendant.

The instant lease agreement was already terminated before October 16, 2014, which was the closing date of pleadings in the first instance trial, due to an agreement between the Plaintiff and C or an unpaid rent. On October 2, 2014, the Plaintiff expressed to the Defendant on October 2, 2014, his/her intent to terminate the instant sub-lease agreement on the grounds of unpaid rent, upon filing an application for change of the cause of the instant claim. The said application for change of the cause of the claim reached the Defendant on October 14, 2014.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 2-1 through 6, Eul evidence 3-1 through 6, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff of this lawsuit terminated the instant sub-lease contract on the ground that the Defendant was in arrears in paying the monthly rent after May 10, 2014, and sought a payment of the overdue rent to the Defendant by the delivery and delivery date of the instant building.

B. As to the counterclaim, the defendant paid the monthly rent by June 9, 2014, and the judgment of the court of first instance is based on the declaration of provisional execution.