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

A. 31,500,000 won and its related thereto from November 1, 2018 to July 8, 2020

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 28, 2014, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant store”) to C. After leasing the instant store, C installed a kitchen and resting space in the instant store without reporting it in accordance with the relevant Acts and subordinate statutes to operate a restaurant business (hereinafter “the instant store”) and installed facilities without permission.

B. On March 2018, C received premium of KRW 45 million from D (the de facto lessee was, but E entered into a lease contract and premium contract for the instant store in the name of the said D) and transferred D the instant store’s facilities and goodwill to D. Around July 2018, D would receive premium of KRW 45 million from the Defendant and transferred the instant store’s facilities and goodwill to the Defendant again.

C. On July 1, 2018, the Plaintiff entered into a lease agreement with the Defendant (from April 1, 2018 to March 31, 2020, lease deposit KRW 20 million, monthly rent KRW 1 million; hereinafter “instant lease agreement”) with respect to the instant store, and the Defendant operated a restaurant with the trade name “F” from August 1, 2018 to the instant store.

On the other hand, at the end of October 2018, 2018, the instant store was subject to a fire-fighting inspection, and the fire-fighting inspector notified the purport that “the main and resting areas of the instant store are illegally expanded,” compared with the current status of the general building ledger of the instant store.”

E. On October 2018, the Defendant demanded that the Plaintiff remove the portion of the instant unauthorized extension and request the Plaintiff to reduce the rent corresponding to the size that is reduced after the removal. However, the Plaintiff rejected this request. The Defendant, around that time, suspended the operation of the restaurant and monthly rent to the Plaintiff.