1. The Defendant (Counterclaim Plaintiff) received KRW 5,000,000 from the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On December 10, 2013, the Defendants concluded a lease agreement with D with regard to the instant store (hereinafter “instant lease agreement”) between KRW 5,000,000, monthly rent of KRW 200,000, and period of lease from December 10, 2013 to December 9, 2015 (hereinafter “instant lease agreement”).

B. The instant lease agreement has been renewed continuously after the expiration of its validity, and the Defendants are operating the instant store with a trade name “E” until now.

C. On February 9, 2018, the Plaintiff purchased the instant real estate from D and received succession to the lessor’s status under the said lease agreement. The instant lease agreement was terminated on December 10, 2018.

On the other hand, on June 11, 2018, the Plaintiff sent to the Defendant B a certificate of the content that the Plaintiff “after completing restoration to its original state,” as it was planned to remove or repair the building without re-contract upon expiration of the lease term on December 10, 2018.”

E. Accordingly, on June 22, 2018, the Defendants concluded a premium agreement with F to transfer the instant store to KRW 50,000,000 for premium, and Defendant B sent to the Plaintiff a certificate of content that notified the Plaintiff that the instant premium agreement was concluded with F and requested the Plaintiff to implement a new lease agreement with F, and that the Defendants reached the Plaintiff on June 26, 2018.

F. However, the Plaintiff refused this, and filed the instant lawsuit against the Defendants on December 7, 2018, and the Defendants agreed with F to invalidate the premium agreement on June 22, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, 2, 3-2, Eul evidence Nos. 1 through 4, 8-1, 2-2, and the purport of the whole pleadings

2. Determination on the main claim

A. As seen earlier, the instant lease agreement, which determined the cause of the claim, expired on December 10, 2018. Therefore, the Defendants are obligated to deliver the instant store to the Plaintiff.

(b).