The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is from June 2, 2019 to KRW 35 million from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 25, 2018, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant building”) and entered into a business consignment agreement (hereinafter “instant business consignment agreement”) between D and D engaged in real estate rental management business under the trade name “C” as to the instant building, and acquired ownership of the instant building on September 28, 2018.

B. On September 29, 2018, the Defendant entered into a lease agreement with “C” (hereinafter “instant lease agreement”) stipulating that the instant building shall be leased with a deposit of KRW 35 million, monthly rent of KRW 550,000, and the period from October 2, 2018 to October 1, 2020 (hereinafter “instant lease agreement”).

C. As stipulated in the instant lease agreement, the Defendant paid a deposit of KRW 35 million, and received the instant building from D, and paid the vehicle up to June 1, 2019.

At present, the lease contract of this case is terminated.

[Reasons for Recognition] Facts without dispute, Gap 1, 6 evidence, Eul 6 and 7 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The parties to the instant lease agreement are “C” and the Defendant, and the Plaintiff is not the party concerned. (ii) Even if the instant lease agreement constitutes a lease agreement between the Plaintiff and the Defendant, it is not effective as against the Plaintiff since the “C” concluded without the authority to conclude a lease agreement on behalf of the Plaintiff.

3) Under the instant lease agreement, the Defendant agreed to receive deposit only from “C”, and there is no obligation to return the deposit. 4) Since the Defendant occupied the instant building without title, the Plaintiff, the owner of the said building, is obligated to deliver the said building to the Plaintiff, and the Plaintiff is obligated to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 600,000 per month from August 1, 2019 to the completion date of delivery of the instant building.

B. The defendant is the plaintiff.