1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the second floor of 225.80 square meters among the buildings indicated in the attached list.

2...

1. Facts of recognition;

A. On January 8, 2013, the Plaintiff leased the part on the second floor (hereinafter “instant store”) of the attached list to the Defendant as deposit 30,000,000, monthly rent 2,000,000, and 24 months from the delivery date of the period, among the buildings listed in the attached list to the Defendant.

(hereinafter “instant lease agreement”). Since then, the instant lease agreement was renewed on January 29, 2015 under the same condition for two years, and was subsequently renewed on January 29, 2017 for one year implicitly.

B. On January 29, 2013, the Defendant received delivery of the instant store from the Plaintiff and operated a restaurant in the name of “C”.

C. On October 30, 2017, the Plaintiff sent a certificate of content to the Defendant, and notified the Defendant of the delivery of the instant store on January 28, 2018 when the term of the instant lease expires, and the said notification reached the Defendant around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including an additional number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the judgment on the claim for main lawsuit, the instant lease contract was terminated on January 28, 2018, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff.

3. Judgment on the counterclaim

A. The Defendant alleged that he/she would become a new lessee on November 10, 2017, concluded a premium contract equivalent to KRW 120,000 for the instant store (hereinafter “the instant premium contract”) with D and arranged the said D to the Plaintiff. However, the Plaintiff was practically refusing to enter into a lease contract with D by deeming that only the remainder period of the instant lease contract would be recognized.

The Plaintiff’s above act entered into a lease agreement with a person who wishes to become a new lessee arranged by a lessee without justifiable grounds under Article 10-4(1)4 of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Protection Act”).