1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) stated “the indication of real estate and the drawing of a building” in the attached Form to the Plaintiff (Counterclaim Defendant).

1. The following facts are acknowledged either in dispute between the parties or in full view of the overall purport of the arguments in Gap 1, 2, and 3:

A. On December 30, 1998, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) concluded a lease agreement of KRW 21 million (hereinafter “instant lease agreement”) with Nonparty C on the building stated in the purport of the claim from Nonparty C (hereinafter “instant building”).

B. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is the Plaintiff’s friendship.

C. From November 30, 2003, the Defendant occupied and used the instant building from around November 30, 2003 to the present date.

On September 8, 2011, the procedure for compulsory auction on the instant building was in progress, and the instant building was awarded to a third party, and the Plaintiff received a full payment of deposit amount of KRW 21 million in the distribution procedure.

However, it appears that the Plaintiff was deposited without being paid directly to the Plaintiff.

2. Determination as to the claim on the principal lawsuit

A. On the premise that the Plaintiff, while entering into the instant lease contract with Nonparty C and residing in the delivery of the instant building, sub-leases the Defendant from around September 2006 to the monthly rent of KRW 300,000,00 without a deposit, the Plaintiff asserts that, as the instant building was awarded a successful bid to a third party through the compulsory auction procedure and the Plaintiff’s full amount was recovered in the distribution procedure, the lease contract between the Plaintiff and Nonparty C was terminated, and that the sub-lease contract between the Plaintiff and the Defendant was terminated, the Defendant must deliver the instant building to the Plaintiff, and further, return the unpaid rent and unjust enrichment equivalent to the unpaid rent.

B. Part on the claim for delivery of the building of this case No. 1: ① The Plaintiff entered into the instant lease agreement with Nonparty C, the owner of the building of this case; ② The procedure for compulsory auction on the building of this case was in progress, and the Plaintiff KRW 21 million in the distribution procedure.