1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

1. Basic facts

A. On October 28, 201, the Plaintiff leased the instant building to the Defendant with the lease deposit of KRW 200,000,000, monthly rent of KRW 7,300,00 (excluding value-added tax) and the lease period from November 16, 201 to November 15, 2013.

B. From November 16, 201 to October 2015, the Defendant operated the instant building’s “Curel” in the instant case.

C. On August 21, 2013, the Plaintiff sent to the Defendant a certificate of content that demands the Plaintiff to deliver the instant building, since the term of lease of the instant building was not only to be terminated on November 15, 2013, but also to be sold for the instant building.

In addition, D representing the Plaintiff requested the Defendant to deliver the instant building at around that time.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 4, testimony of witness D of the first instance court, purport of whole pleadings]

2. Determination on the main claim

A. Plaintiff’s assertion 1) On May 8, 2013, the Plaintiff sold the building indicated in the separate sheet to G, left the entire lessee of the building, and agreed to deliver the building to G. Around that time, the Plaintiff notified the Defendant and the underground lessee of the building indicated in the separate sheet of the content of the above sales contract and requested the Plaintiff to leave. 2) On June 2013, E delivered the underground floor of the building indicated in the separate sheet to the Plaintiff. However, the Defendant did not deliver the instant building to the Plaintiff. As a result, the Plaintiff could not lease the underground floor of the building indicated in the separate sheet to a third party (if the Defendant delivers the instant building to the Plaintiff, it is difficult to immediately deliver the entire building indicated in the separate sheet to G). Accordingly, the Plaintiff suffered damages equivalent to monthly rent for the said underground floor.

3. Therefore, the Defendant is obligated to compensate the Plaintiff for damages calculated at the rate of KRW 1,60,000 per month from June 1, 2013 to the completion date of delivery of the instant building.

B. The Plaintiff’s assertion is also based on the determination.