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

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) annex.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 26, 2005, the Defendant: (a) sold the instant real estate at the auction on August 26, 2005 and operated a soup bank with the trade name “E” on the instant real estate, Sungnam-si and two parcels D No. 401 (hereinafter “instant real estate”).

B. On May 16, 2012, the Defendant: (a) leased the instant real estate to F; (b) on May 16, 2012, KRW 500,000,000 per month; and (c) from May 16, 2012 to May 15, 2017, the Defendant operated a soup bank with the trade name “E” from the instant real estate (hereinafter “the soup bank”).

F on July 3, 2012, F completed the registration for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) of KRW 500 million as the receipt of the registry office for the branch court of Suwon District Court for the branch court of Sungwon District.

다. 원고는 2012. 11. 27. F으로부터 이 사건 부동산 중 남녀공용스낵실 26.98㎡(별지 목록 기재 부동산 중 별지 도면 표시 ①, ②, ③, ④, ①의 각 점을 순차로 연결한 선내 (가) 부분 26.98㎡에 해당한다)를 임대차보증금 3,000만 원, 차임 월 40만 원, 기간 2012. 12. 20.부터 2013. 12. 19.까지로 정하여 임차하고 식당을 운영하였다. 라.

On March 7, 2014, the Defendant filed a lawsuit against F to seek the delivery of the instant real estate and the payment of the unpaid rent by Sungwon District Court Branch Decision 2014Gahap1825, and was sentenced to the judgment on May 16, 2014 that “F shall deliver the instant real estate to the Defendant, and pay KRW 1,2650,000 per month from December 3, 2013 to the completion date of the delivery of the said real estate” and the said judgment became final and conclusive around that time.

E. On the other hand, on April 3, 2014, F entered into a contract to transfer a soup project of this case to Nonparty G, and on April 15, 2014, G reversed the said transfer contract on the ground that F had the record of violating the restriction on access by juveniles twice.

F. Defendant’s side includes Plaintiff’s side around April 15, 2014.