1. The Defendant (Counterclaim Plaintiff) received KRW 25 million from the Plaintiff (Counterclaim Defendant) at the same time as the Plaintiff received KRW 25 million.

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the statements and images of Gap evidence Nos. 1, 4, 5, 7, 8, 9, and Eul evidence Nos. 3 through 12 (including paper numbers) and the whole purport of the pleadings as a result of the request for appraisal by the appraiser C of this Court:

On August 31, 2005, the Defendant entered into a lease agreement with D, setting a deposit of KRW 150 million with respect to the instant building, KRW 2.3 million per month, and the period from September 30, 2005 to seven years, with the following special agreement.

(1) The defendant (Lessee) shall construct and use the existing building in compliance with the purpose of restaurant by removing the existing building and bearing the expenses of the defendant in full.

(2) A building (new construction) shall be under the name of a lessor and shall provide cooperation and duties necessary therefor.

(3) Where the term of lease expires, ownership of a building (new construction) shall automatically reverts to D.

(4) If the defendant fails to pay the rent for at least six months, D may deprive the lessee of all his/her rights vested in it.

B. Around September 30, 2005, the Defendant paid the foregoing security deposit to D, and disbursed the cost of KRW 200 million for the delivery of the instant building, and operated a restaurant with the name of “E” from around the time when the Defendant opened and repaired the instant building with the main wall and the block walls, ③ interior wooden equipment, such as windows, etc., ④ gas equipment, distribution systems, display sites, waterworks, kitchen, etc., ⑤ Electric power equipment, lighting equipment, stairs, stairs, drainage equipment, etc., and opened and repaired the instant building.

C. On October 18, 201, the Plaintiff purchased the instant building from D on the same day and acquired its ownership, and concluded a lease agreement with the Defendant, maintaining the rights, obligations, and special terms under the previous lease agreement as it is, but changing only the lessor to the Plaintiff.

On July 20, 2013, after the term of the above lease agreement expires, the Plaintiff and the Defendant have the deposit as it is, and it is the tea.